What is the difference between collective trademarks and ordinary trademarks
Collective organizations can apply for registration of collective trademarks or general trademarks, but the two have the following differences:
(1) Both collective trademarks and ordinary trademarks indicate the operator of goods or services, but collective trademarks indicate that the goods or services come from an organization; ordinary trademarks Indicates coming from a certain operator.
(2) A collective trademark can only be applied for by a certain organization Registration; ordinary trademarks can be applied for registration by an organization or an individual operator.
(3) If you apply for a collective trademark, you must submit it for use management Rules; there is no such requirement when applying for an ordinary trademark.
(4) Collective trademarks cannot be approved by members outside the organization Use; general trademarks can be licensed to members outside the organization.
(5) There is no need to sign a collective agreement to allow its members to use it Licensing contract; when licensing a general trademark to others, a licensing contract must be signed.same.
(6) Collective trademarks cannot be transferred; ordinary trademarks can be transferred others.
(7) Within two years after the collective trademark expires, the Trademark Office shall not Approval of registration of identical or similar trademarks; for ordinary trademarks, it only takes one year for the Trademark Office to approve registration of identical or similar trademarks.
What is a collective trademark
How many A trademark jointly owned by two different owners is called a collective trademark. In some countries, federations of some enterprises may also be registered as representatives, and sometimes the government agencies leading these enterprises may register on their behalf. The function of a collective trademark is to indicate to users that the companies using the trademark have common characteristics. An enterprise using a collective trademark has the right to use other exclusive trademarks at the same time. Collective trademarks are generally not transferable. The trademark laws of my country, the United States, most Western countries with civil law systems, some Eastern European countries and some developing countries all have provisions for registration protection of collective trademarks.
Characteristics of collective marks:
strong>
(1) The 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. It 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 from the collective as a collective member. behind. It reflects its characteristics of "common ownership" and "common use";
(2) The collective trademark is based on a collective of membersIt is a collective right to apply for registration and ownership in the name and to be used jointly by all members. This is reflected in the application for registration of collective trademarks, which requires that only collective organizations with legal personality can apply, because only collective organizations with legal personality can Own trademark rights in its collective independent name;
(3 ) Collective trademark is 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; every member has equal rights to use it, and members There is no affiliation between them; at the same time, they must supervise the use of their collective members and deal with members who violate the rules of use;
(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 make it public, collective members should 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 has been 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 because he has acquired the status of a member. This membership status is not transferable, and the right to use the trademark based on this status relationship is also not transferable;
(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 the use of the geographical indication may request to join a group, association or other organization that registers the geographical indication as a collective trademark. The group, associationAssociations or other organizations shall be admitted as members in accordance with their articles of association; groups, associations or other organizations that are not required to register the geographical indication as a collective trademark may also use the geographical indication legitimately, and the group, association or other organization has no right to prohibit .
In fact, collective trademarks and ordinary trademarks are really the same Some of them are relatively simple to distinguish, but they also have some differences in functions and transfer effects. You should not confuse them, otherwise it will be easy to make legal jokes. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.
