Collective trade mark

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A collective trademark, collective trade mark, or collective mark is a trademark owned by an organization (such as an association), used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.

Contents

Collective trademarks are exceptions to the underlying principle of trademarks in that most trademarks serve as "badges of origin"; they indicate the individual source of the goods or services. A collective trademark, however, can be used by a variety of traders, rather than just one individual concern, provided that the trader belongs to the association.

Collective trademarks differ from certification marks. The main difference is that collective trademarks may be used by particular members of the organization which owns them, while certification marks may be used by anybody who complies with the standards defined by the owner of the particular certification mark. All these factors are being completely at the level of intellectual property. [1]

Regulations on use

National trademark laws in some countries (such as Finland, Germany, Hungary and Switzerland) provide for the filing of the regulations as an additional requirement for registration of the collective trademark.

The regulations shall normally specify:

The main purpose of the regulations is to protect consumers against misleading practices.

International treaties

Many jurisdictions have been required to amend their trademark legislation in order to accommodate the requirement of protection of collective marks under TRIPs. Art. 7 bis of the Paris Convention also requires signatories "to accept for filing and to protect collective marks belonging to associations the existence of which is not contrary to the law of the country of origin, even if such organizations do not possess an industrial or commercial establishment."

Examples

Examples of collective trademarks include:

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<span class="mw-page-title-main">Fairtrade International</span> Group promoting a living income for farmers

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<span class="mw-page-title-main">Certification mark</span> Graphic mark indicating compliance with a standard

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<span class="mw-page-title-main">Geographical indications and traditional specialities in the European Union</span> Protected names and designations of agricultural products and foodstuffs

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A European Union trade mark or EU trade mark is a trade mark which is pending registration or has been registered in the European Union as a whole.

<span class="mw-page-title-main">CE marking</span> European Declaration of conformity mark

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A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin. The use of a geographical indication, as an indication of the product's source, is intended as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin.

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Founded in 1904, the Association of Chartered Certified Accountants(ACCA) is the global professional accounting body offering the Chartered Certified Accountant qualification (ACCA). It has 240,952 members and 541,930 future members worldwide. ACCA's headquarters are in London with principal administrative office in Glasgow. ACCA works through a network of over 110 offices and centres in 51 countries - with 346 Approved Learning Partners (ALP) and more than 7,600 Approved Employers worldwide, who provide employee development.

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<span class="mw-page-title-main">Swiss made</span> Products made in Switzerland

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A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.

<span class="mw-page-title-main">Intellectual property in Iran</span>

Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.

<span class="mw-page-title-main">Fair trade certification</span> Product certification within the market-based movement fair trade

A fair trade certification is a product certification within the market-based movement fair trade. The most widely used fair trade certification is FLO International's, the International Fairtrade Certification Mark, used in Europe, Africa, Asia, Australia and New Zealand. Fair Trade Certified Mark is the North American equivalent of the International Fairtrade Certification Mark. As of January 2011, there were more than 1,000 companies certified by FLO International's certification and a further 1,000 or so certified by other ethical and fairtrade certification schemes around the world.

<span class="mw-page-title-main">Chartered Professional Accountant</span> Canadian trade group of financial transactions trackers

Chartered Professional Accountant is the professional designation which united the three Canadian accounting designations that previously existed:

Registered trademarks in Oman are governed by the Industrial Property Law issued by Royal Decree No 67/2008 which was later amended by Royal Decree No 131/2008.

<span class="mw-page-title-main">Trademarks Act, 2004</span> Ghanaian trademark legislation

The Trademarks Act, 2004 is legislation enacted by the Third Parliament of the Fourth Republic of Ghana and signed into law by President John Agyekum Kufuor. The Act regulates the process through which trademarks and collective marks are registered, the issuance of registered trademarks and how trademarks and collective marks are protected through the enforcement of the Act. The rationale for enacting the Act is for the protection of the goodwill and reputation of the business of a proprietor. The Act establishes the Trademark Registry(Registar) to which is mandated to register trademarks and issue registered trademarks. The Act has been amended by the Trademarks (Amendment) Act, 2014 which came into force on 25 July 2014. The Amendment incorporated the Madrid Protocol into The Act.

References

  1. "Geographical Indications: An Introduction, 2nd edition". www.wipo.int. p. 29. Retrieved 2023-12-05.

See also