Collective trademarks are also called group trademarks.

1. Definition of collective trademark

Article 3 of the "Trademark Law" (the third revised edition on October 27, 2001) defines collective trademarks: "What this law refers to A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. "

"Collective" Article 2 of the Measures for the Registration and Management of Trademarks and Certification Marks (first revised edition on December 3, 1998) defines collective trademarks: “Collective trademarks refer to goods used by members of industrial and commercial groups, associations or other collective organizations. Trademarks or service marks are used to indicate that the operators of goods or service providers belong to the same organization.”

2. Characteristics of collective trademarks

(1) Collective trademarks do not belong to a single entity. A natural person, legal person or other organization, that is, belonging to a community organization composed of multiple natural persons, legal persons or other organizations, which means that the goods or services come from a certain collective organization, which can be a specific guild, chamber of commerce, etc. In a group or other collective organization, the providers of specific goods or services retreat behind the collective as collective members. Reflecting 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 used jointly 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) The ownership and right to use a collective trademark shall not be transferred;

(6) When a collective trademark is infringed and a claim for compensation is made, the damages suffered by members of the collective organization shall be included. Loss included;

(7) 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 due to his membership status. It is a collective trademark. This membership status cannot be transferred, and the right to use the trademark based on this identity relationship cannot be transferred either;