We know that there are many types of trademarks, such as common commodity trademarks, service trademarks, certification trademarks, well-known trademarks, collective trademarks, etc. Among them, there are trademarks and collective trademarks, which sound quite close. Are they the same? Obviously these are two different concepts. An owned trademark means that two or more natural persons, legal persons or other organizations apply for registration with the Trademark Office at the same time and have the right to enjoy and exercise the trademark.
A collective trademark refers to a mark registered in the name of a group, association or other organization, exclusively for use by members of the organization in commercial activities, and used to indicate the user's qualifications as a member of the organization.
From the above definitions of identical trademarks and collective trademarks, it can be seen that there are differences between the applicants of the two. In addition, there are more differences between private trademarks and collective trademarks. For example:
1. Only collective organizations with legal personality can own trademark rights in their independent collective name.
2. Uniform rules should be formulated for the registration, use and management of collective trademarks, and should be subject to public supervision.
3. The ownership and use rights of a collective trademark cannot be transferred
4. When a collective trademark encounters trademark infringement, the loss compensation needs to include all members of the collective organization.
5. When a member withdraws from the collective, the member cannot use the collective trademark. New members can enjoy the rights to the collective trademark.
Taken together, there is a big difference between collective trademarks and exclusive trademarks. There are also differences in other aspects such as application, registration, transfer, expiry date, etc. I hope the editor’s summary can help everyone.