Collective: 1) [collectiveness]: an organized whole of many people

Collective concept

(2) [collective]: now also used as a collective The abbreviation of collective enterprise for ownership (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 "unique" and "unique" characteristics;

(2) A collective trademark is registered and owned in the name of a collective composed of members, and is owned by each member. A collective right for the same use 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 the independent name of their collective. ;

(3) Collective trademarks are 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; each member has equal rights to use, and there is no affiliation between members; at the same time, the use of collective members must be supervised, and members who violate the rules of use must be dealt with;

(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 making them public. Collective members should abide by each other and be subject to public supervision. ;

(5) When a collective trademark is infringed and a claim for compensation is made, the losses suffered by members of the collective organization should be included;

(6) When a member withdraws from the collective When a new member joins, 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 membership status is not transferable. This status relationship is The basic right to use a trademark cannot be transferred;

(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 pointed out in particular 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 provisions of the Trademark Law, Implementing Regulations and these Measures.”

Therefore, collective trademarks are transferable in my country. Collective organizations can apply for registration of collective trademarks or ordinary trademarks, but the two have the following differences:

(1) Both collective trademarks and ordinary trademarks indicate the operators of goods or services, but collective trademarks A trademark indicates that the goods or services come from a certain organization; a common trademark indicates that the goods or services come from a certain operator.

(2) A collective trademark can only be applied for registration by an organization; an ordinary trademark can be applied for registration by an organization or an individual operator.

(3) If you apply for a collective trademark, you must submit usage management rules; there is no such requirement for applying for an ordinary trademark.

(4) Collective trademarks cannot be used by members outside the organization; ordinary trademarks can be used by members outside the organization.

(5) A collective trademark licenses its members without signing a license contract; when a general trademark licenses others to use it, a license contract must be signed.

(6) The Trademark Office shall not approve the registration of identical or similar trademarks within two years after the expiration of a collective trademark; for ordinary trademarks, it only takes one year for the Trademark Office to approve the registration of identical or similar trademarks. The priority of a collective trademark means that a trademark registration applicant from a member state of the Paris Convention applies to other member states for the same trademark on the same goods on the date when one of the member states first submitted an application for registration. Priority can be claimed within the next six months. According to the provisions of the Trademark Law of the People's Republic of China, the provisions on ordinary trademarks apply to collective trademarks and certification marks. The People's Republic of China will accept collective trademark registration applications from March 1, 1995. Applicants from member states of the Paris Convention who apply for the first time from March 1, 1995 can apply for registration in the People's Republic of China. and countries have priority.

If the applicant claims priority, he should submit a written statement when applying for registration of a collective mark or certification mark, and submit a copy of the first application for registration of a collective mark or certification mark in another member country of the Paris Convention , the copy should be certified by the trademark authority of that country. The written certificate must state the date when the registration application was first filed, the application number and the name of the country that accepted the application.

When filing a priority claim, if the above attachments and relevant certificates are not complete, they can be supplemented within three months from the date of filing the registration application. Failure to submit a written statement or failure to submit a copy of the above application and relevant documents within the time limit will be deemed to have no priority.

If an application for registration is submitted for the first time in the People's Republic of China, if the applicant needs it, he or she can apply to the Trademark Office of the People's Republic of China for a written certificate of priority, so as to facilitate Claim priority when applying to other member states. (1) Name, address, legal representative, business scope (project), etc. of industrial and commercial groups, associations or other collective organizations.

(2) The purpose (meaning, purpose) of using the collective trademark.

(3) Meaning of trademark (logo).

(4) List of collective members using the trademark (name, address, legal representative, etc.).

(5) Quality standards for the goods or services specified for use by the collective trademark.

(6) Conditions, procedures and procedures for using the trademark.

(7) Rights, obligations and responsibilities of collective members for violating the rules.

(8) The amount and purpose of management fees collected.

(9) Rights and obligations of registrants. The registration and use of collective trademarks are protected by law, which is conducive to creating the credibility of the collective and expanding its influence. The use of collective trademarks itself has advertising benefits, is conducive to achieving economies of scale, and expanding the influence of the domestic and international markets. In order to concentrate the strength of small and medium-sized enterprises, form competitive products, form quantitative advantages and unified quality management, create well-known trademarks, and improve the competitiveness of goods and services, it is very necessary to register and use collective trademarks. This is also a successful experience that developed countries have adopted.

The practical significance of the use and protection of collective trademarks in our country is that it can strengthen the group's advantages and make up for the lack of strength of our country's small enterprises in international competition to improve their competitiveness in the international market. Occupy the international market. Only by implementing registration protection and granting exclusive rights can we encourage enterprise groups to register abroad and obtain trademark protection.