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***What is the difference between a trademark and a collective trademark?

Answer: Two or more natural persons, legal persons or other organizations *** apply to the Trademark Office for registration at the same time, and *** both enjoy and exercise the exclusive right to use the same trademark, it is called *** owned trademark . Features of ***'s trademark: (1) An important feature of ***'s trademark rights is the plurality of its subjects. ***The subjects with trademark rights are two or more natural persons, legal persons or other organizations. It expresses the plural of rights subjects rather than the plural of rights objects. If several people have the exclusive right to the same trademark based on the same registration or the same transfer, only one party has the trademark right; if the same entity enjoys the exclusive right to several trademarks, it does not constitute ***Has trademark rights. (2) Another characteristic of ***’s trademark rights is the unity of its rights. The exclusive trademark right is the exclusive ownership of one trademark, not several trademark rights. The independent ownership refers to the exclusive ownership of the same trademark, not the exclusive ownership of several trademarks. If several people enjoy the exclusive rights to trademark A and trademark B, then two independent parties have trademark rights, not one party. (3) It should be pointed out that exclusive trademark rights are the exclusive rights of several people to the same trademark, and have nothing to do with the goods and services used by the trademark. If there is only one trademark owner, no matter how many types of goods or services the trademark is used on, it will not be the only trademark. On the contrary, the only trademark will be used on one or more goods. Or services, they are all trademarks. In other words, the trademark rights owned by *** will not differ based on the types of goods or services it is used for. A collective trademark (COLLECTIVEMARK) refers to a mark registered in the name of a group, association or other organization and exclusively used by members of the organization in commercial activities to indicate the user's membership in the organization. Characteristics of collective 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 the goods or services originate from a certain collective organization. This A collective can be a specific industrial and commercial group such as a guild, a chamber of commerce, or other collective organizations. The providers of specific goods or services retreat behind the collective as members of the collective. It reflects its characteristics of "universal ownership" and "universal use"; (2) A collective trademark is a collective trademark applied for registration and ownership in the name of a collective composed of members, and is used jointly by all members. Rights are 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 the independent name of their collective; (3) Collective trademark reflection In terms of the use of trademarks, collective organizations usually do not use the collective trademark, but are used jointly by members of the organization; members who are not members of the organization cannot use it; each member has equal rights to use it, and members have equal rights to use it. There is no affiliation; 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) The registration, use and management of collective trademarks should formulate unified rules to detail the rights of members , obligations and responsibilities, as well as the amount and purpose of management fees, and make them public. Collective members should abide by each other and be subject to public supervision; (5) When a collective trademark is infringed and claims compensation for losses, all rights reserved by collective organization members should be included. Including the losses suffered; (6) 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 obtains the status of a member. This This membership status is not transferable, and the right to use trademarks based on this status relationship is not transferable; (7) Geographical indications 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 the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its 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 use the geographical indication legitimately, and the group, association or other organization has no right to prohibit it. It should be particularly pointed out that Article 16 of my country’s “Registration and Management Measures for Collective Trademarks and Certification Trademarks” clearly states that “when applying for the transfer of a collective trademark or certification mark, the transferee shall have the corresponding subject qualifications and comply with the Trademark Law and Implementation Regulations and the provisions of these Measures. "Therefore, collective trademarks are transferable in my country. Collective trademark