2. A collective trademark is a collective right to apply for registration and ownership in the collective name of all its members, which is reflected in the application for registration of a collective trademark, that is, only a collective organization with legal personality can apply, because only a collective organization with legal personality can own the trademark right in its collective independent name;
3. Collective trademarks are reflected in the use of trademarks, which means that collective organizations usually do not use the collective trademarks, but are used by the members of the organization. Not a member of this organization cannot use; Every member has equal rights to use, and there is no subordinate relationship among members; At the same time, it is necessary to supervise the use of its collective members and deal with members who violate the rules of use;
4. Unified 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 use of management fees, and making them public. Collective members should abide by each other and be supervised by the public;
5. The ownership and use right of the collective trademark shall not be transferred;
6. When a collective trademark is infringed and claims for compensation, the losses suffered by members of the collective organization shall be included;
7. When a member leaves the collective, he can no longer use the collective trademark. When a new member joins, he can use the collective trademark because he has obtained the membership. This membership is not transferable, and the rights based on this identity relationship are not transferable.
8. Geographical trademarks can be used as collectives. A natural person, legal person or other organization whose products meet the requirements for using a geographical indication registered as a collective trademark may request to join a group, association or other organization registered with the geographical indication as a collective trademark, and the group, association or other organization shall be admitted as a member according to its articles of association; Those who do not require to join a group, association or other organization that uses the geographical indication as a collective trademark may also use the geographical indication properly, and the group, association or other organization has no right to prohibit it.
1. What are the conditions for applying for a collective trademark
1. It must be a legally registered enterprise or institution with legal personality. The enterprise or institution should be an organization, which can be an industrial or commercial group, an association, an industry or other collective organization, rather than a single enterprise or individual operator;
2. There must be the applicant's main qualification certificate issued by the local industrial and commercial administration department, that is, the legal document that the applicant is legally registered and has the legal person qualification, which can be the business license of the enterprise or the approval document of the legal registration of the institution or mass organization;
3. Rules for the use and management of the applied collective trademark must be formulated.
since it is a collective trademark, it will definitely not be owned by an individual or a legal person. If you want to apply for a collective trademark, you can refer to the provisions in the Trademark Law and the Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks. At present, it is clear that only industrial and commercial organizations, associations or other collective organizations have the subject qualification to apply for a collective trademark, which is also particularly noteworthy.
Legal basis
Trademark Law of the People's Republic of China
Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
the term "collective trademark" as mentioned in this law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization.
the term "certification mark" as mentioned in this law refers to a mark controlled by an organization that has the ability to supervise a commodity or service and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service.
special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.