What to know about collective trade marks?

 

As well as individual marks, there are two other kinds of trade marks that can be registered – certification marks and collective marks. Collective marks are trade marks distinguishing the goods or services of members of a civil society organisation from the goods or services of others according to the quality, origin or other characteristics of goods or services bearing the collective mark.

The proprietors of collective trade marks are the respective organisations themselves. While the proprietor supervises all and any uses of the mark, only its members are entitled to use the mark - the organisation is not. Supervising the use of the mark is not just the right, but an obligation of the proprietor, as the trade mark may be invalidated without such supervision.

Applications for the registration of collective marks must be accompanied by a regulation containing:

  • the name and registered address of the proprietor social organization;

  • information on the members authorised to use the mark, including their names, addresses and registered addresses;

  • the conditions of membership;

  • the conditions of use of the collective mark;

  • the provisions relating to the supervision of the use of the collective mark;

  • the order of proceedings against unauthorised use of the collective mark.

All the relevant provisions concerning collective trade marks are identical to those applicable to trade marks.

The fee of applications for registration is considerably higher (the fee is more than four times higher than the fee payable for trade marks).

USEFUL HINT

If certain conditions are met, proprietors of “regular” trade marks are also empowered to grant a licence for the use of their trade marks. As the conditions to be met are largely similar to those applicable to collective trade marks, there might be a viable opportunity to avoid the high official fees.

 
TrademarkAndras Pintz