What are the characteristics of a collective trademark?
(1) A collective trademark does not belong to a single natural person, legal person or other An organization is a community organization composed of multiple natural persons, legal persons or other organizations, which means that the goods or services come from a certain collective organization. This collective can be a specific guild, chamber of commerce and other industrial and commercial groups or other collective organizations. , the provider of specific goods or services retreats behind the collective as a collective member. Reflecting its characteristics of "common ownership" and "common use";
(2) A collective trademark is registered and owned in the name of a collective composed of members, and is owned by each member A collective right of common use is reflected in the application for registration of a collective trademark, which requires that only collective organizations with legal personality can apply, because only collective organizations with legal personality can own trademark rights in the independent name of their collective. ;
(3) The collective trademark is reflected in the use of the trademark, which means that the collective organization usually does not use the collective trademark, but is jointly used by the members of the organization; Members who are not members of the organization cannot use it; every member has equal rights to use it, and there is no affiliation between members; at the same time, the use of its collective members must be supervised, and members who violate the rules of use must be dealt with;
(4) Uniform rules should be formulated for the registration, use and management of collective trademarks, detailing the rights, obligations and responsibilities of members, as well as the amount and purpose of management fees, and be made public, collective members should abide by each other and be subject to public supervision;
(5) The ownership and use rights of collective trademarks shall not be transferred;
(6) When a collective trademark is infringed and a claim for compensation is made, the losses suffered by members of the collective organization should be included;(7) When a member withdraws from the collective, he can no longer use the collective trademark. When a new member joins, he can use the collective trademark due to his membership status. This membership status is not transferable, nor is the right to use a trademark based on this identity relationship;
(8) Geographical trademarks can be registered as collective trademarks. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request to participate in the registration of the geographical indication as a collective trademark. A group, association or other organization that registers a trademark shall be admitted as a member in accordance with its articles of association; any group, association or other organization that is not required to participate in a group, association or other organization that registers a geographical indication as a collective trademark may also use the geographical indication properly. The group, association or other organization has no right to ban geographical indications.
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