What are the legal provisions for collective trademarks
(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 "shared" and "shared" characteristics;
(2) A collective trademark is a collective right applied for registration and ownership in the name of a collective composed of members, and used jointly by all members. This is reflected in the application for registration of a collective trademark, which requires that only collectives with legal personality Organizations can apply, because only collective organizations with legal personality can own trademark rights in their collective independent name;
(3) Collective trademarks are reflected in the use of trademarks, in the form that collective organizations usually do not The use of the collective trademark is jointly used by members of the organization; non-members of the organization cannot use it; each 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 deal with members who violate the usage rules;(4) Uniform rules should be formulated for the registration, use and management of collective trademarks, detailing the rights, obligations and responsibilities of members and management The amount and purpose of the fees shall be disclosed to the public, and collective members shall abide by each other and be subject to public supervision;
(5) The ownership and right to use the collective trademark 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 group, he can no longer use the When a new member joins a collective trademark, he can use the collective trademark as a member. This membership cannot be transferred, nor can the right to use the trademark based on this identity relationship be transferred. ;
(8) Geographical trademarks can be used as collective trademarks Registration. 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 join a group, association or other organization that registers the geographical indication as a collective trademark. The group, association Or other organizations should be admitted as members in accordance with their articles of association; groups, associations or other organizations that are not required to participate in the registration of the geographical indication as a collective trademark can also use the geographical indication legitimately, and the group, association or other organization has no right to prohibit it.
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