What is a Collective Trademark?
A collective trademark is a mark that is used by an association or any group of individuals to collectively represent their product/goods or services in public. Like any other trademark, a collective trademark also comprises words or a combination of two or more words, any device, symbol, or logo that represents the members of the organization. The trademark can be used by any member or an individual concerned with the organization or association. A collective trademark aims to represent goods or services provided by an organization or association as a whole and to distinguish the same from the goods or services provided by any other organization or association.
Section 2(1) (g) of the Trademark Act, 1999
A collective trademark is defined under section 2(1)(g) of Act as a mark that distinguishes the goods or services provided by the members of an association of persons, which is the proprietor of the mark, from those of others; it does not include a partnership within the meaning of the Indian Partnership Act, 1932.
Chandauli Kala Chawal Krishak Samiti is a society that has a registered collective trademark
for goods and services in relation to rice, advertising, marketing, promotion, business management, business administration, retail and wholesale of rice cultivation, and agricultural services pertaining to rice.
Purpose and Usage of the Mark
The main purpose for registering a collective mark is to distinguish the goods or services provided by the association of people from others, and it is only used by the members of the association as per regulations set by the proprietor of the mark. Collective trademarks provide information about the objective and purpose of the organization and the goods and services they are dealing with. It is used to represent an association of people providing goods or services and to distinguish the same from other associations.
For example, the collective mark of ICAI
can only be used by registered members of ICAI. In the case of a collective trademark, only the proprietor and members of the association can use the mark as per regulations governed by the association collectively. The validity of the collective trademark is 10 years, like a regular trademark.
Conditions for Filing a Collective Trademark:-
1. Name and official address of the association
2. Objective and goals of an association
3. Regulations for using a collective trademark
4. Information related to membership requirements and who is permitted to use the mark
5. Guidelines for safeguarding unauthorized use of the mark.
There are Some Grounds for Removal of a Collective Trademark:
1. As per Section 68 of the Act, the registration of the collective trademark is liable to be removed if the proprietor or authorized user has used the mark in a manner that misleads or deceives the public as a collective trademark and if the proprietor has failed to observe or assure the scrutiny of regulations that govern the usage of the mark.
2. If the mark is registered with a malafide intention i.e. the mark is used for some other goods or services rather than for which it was registered and has not been used for three month before its removal, the registrar will remove the mark as per Section 47(1)(b) of the Act.
3. If the mark is not in use by the proprietor or members of an association for a continuous period of 5 years, the registrar will remove the mark as per Section 47(1)(a) of the Act.
Conclusion
Collective trademark is a symbol of representation for an association in respect to goods or services provided by them to the public. Collective trademark is exclusively used by members of association in respect to goods or services provided by them. The collective trademark is used to distinguish the association of members in relation to goods and services provided by them from others. Members of an association build a reputation and earn goodwill by providing best quality of their goods or services.Collective trademark provides protection against infringement of the mark by any authorized or unauthorized person.