Refers to a sign registered in the name of a group, association or other organization and used exclusively by the members of the group in commercial activities to show the membership of the group users. In some countries, it is also possible for some enterprise federations to register on their behalf, and sometimes the government agencies leading these enterprises register on their behalf. The function of a collective trademark is to show users that the enterprises that use the trademark have the same characteristics. Enterprises that use collective trademarks have the right to use other special trademarks at the same time. In the trademark laws of China, the United States, most western civil law countries, some eastern European countries and some developing countries, there are provisions to give collective trademark registration protection.

Certification trademark

Trademarks controlled by organizations that have the ability to detect and supervise certain goods or services, but used by people other than them to prove the origin, raw materials, manufacturing methods, quality, accuracy or other specific qualities of goods or services. For example, the "green food" sign.

Trademark distinction

1. The qualifications of the two applicants are basically the same, except that the name and address of the collective member should be stated in the collective trademark application;

2. Both of them can apply for the registration of geographical indications, and the requirements of trademark use management rules (articles of association) with geographical indications as the object are exactly the same;

3. The trademark announcements that have been preliminarily approved by both parties include the full text or abstract of the trademark use management rules (articles of association);

4. Any modification of the trademark use management rules (articles of association) by both parties shall be reported to the Trademark Office for examination and approval, and shall take effect as of the date of announcement;

5. Where both parties apply for transfer or transfer of rights and interests, the transferee shall have corresponding subject qualifications and comply with the provisions of laws, regulations and rules;

6. Both are provided by multiple producers or service providers, and related trademarks can only be used after certain conditions are met or certain procedures are performed;

7. Collective trademarks indicate that goods or services come from the same organization; A certification trademark indicates that the quality of a commodity or service reaches the specified quality;

8. The applicant for the collective two targets must be an organization with legal personality established according to law; In addition, the applicant for trademark certification must have the ability to detect and supervise the specific quality of goods or services; Of course, collective trademarks with geographical indications as the object must also have the ability to detect and supervise the specific quality of goods or services;

9. Collective trademarks can be used as long as they are members of the collective, and no one outside the collective can use them; A certification trademark should show openness, and it can be used as long as it meets the quality of specific goods or services stipulated in the management rules;

10. The registrant of a collective trademark may use the collective trademark on his own goods or services; A registrant of a certification trademark cannot use the certification trademark on the goods or services it deals in, that is, he may not prove himself.

Article 16 of the Trademark Law contains a geographical indication of a commodity, but if the commodity does not come from the area marked by the indication, thus misleading the public, it shall not be registered and prohibited from being used; However, the registration in good faith continues to be effective.

At the same time, a trademark with geographical indications as the object can "apply for registration as a certification trademark or a collective trademark". of course

"Where a geographical indication is registered as a certification trademark, its goods meet the requirements of the natural person, legal person or other organization that uses the geographical indication, and the organization that controls the certification trademark shall allow it.

If a geographical indication is registered as a collective trademark, and its commodities meet the requirements of the natural person, legal person or other organization that uses the geographical indication, it may request to join the organization, association or other organization that registered the geographical indication as a collective trademark, and the organization, association or other organization shall be accepted as a member in accordance with its articles of association; Organizations, associations or other organizations that do not require to participate in the registration of the geographical indication as a collective trademark may also use the geographical indication, and such organizations, associations or other organizations have no right to prohibit it.

reference data

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