What are the specific trademarksClassification
According to Article 3 of the Trademark Law According to the provisions of the Trademark Office, trademarks approved and registered by the Trademark Office are registered trademarks, including: commodity trademarks, service marks, collective trademarks, and certification marks. The law has clearly divided these four trademarks into four basic types of registered trademarks.
(1) A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a community organization composed of multiple natural persons, legal persons or other organizations, which means that Goods or services originate from a collective organization. This collective can be a specific industrial and commercial group such as a guild or chamber of commerce or other collective organizations. The provider of specific goods or services retreats behind the collective as a member of the collective. . 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 shared by members is reflected in the application for registration of a collective trademark, which requires that only a collective organization with legal personality can apply, because only a collective organization with legal personality can own a trademark in the independent name of its collective right;
(3) The collective trademark is reflected in the trademark In terms of use, collective organizations usually do not use the collective trademark, but are 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 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 making them public. Collective members should communicate with each other. Comply with 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 shall 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 as a member. This membership status is not transferable. The right to use trademarks based on this identity relationship cannot be transferred;
(8) Geographical trademarks can be registered as collective trademarks. Register geographical indications as collective trademarks , a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to participate in a group, association or other organization that registers the geographical indication as a collective trademark. The group, association or other organization shall be accepted as a member in accordance with its articles of association. Members; those who are not required to join a group, association or other organization that registers 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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