What is the basis for judging collective trademarks
Collective trademark refers to one registered in the name of a group, association or other organization. A sign exclusively used by members of the organization in commercial activities to indicate the user's membership in the organization.
(1) Does not belong to a single natural person, legal person or Other organizations, that 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 collectives Organizations, providers of specific goods or services retreat behind the collective as collective members. 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, which means that collective organizations usually do not use the collective trademark, but are jointly used by members of the organization; members who are not members of the organization cannot use it; each member has The power to be used equally, 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 and the amount and purpose of management 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 cannot If you use the collective trademark again, when a new member joins, he can use the collective trademark as a member. This membership status cannot be transferred, and the rights based on this status relationship cannot be transferred. Transfer;
(8) Geographical trademarks can be treated as collective . If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that registers the geographical indication as a collective trademark. The group, association or other organization Other organizations shall 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 may also legitimately use the geographical indication, and the group, association or otherOther organizations have no right to prohibit it.
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