Collective Marks

Introduction

Trade marks law permits an entire industry or trade to protect itself by the registration of a collective mark to indicate a trade connection between goods or services bearing the mark and the association which owns the mark.

Collective marks indicate commercial origin of goods or services just as "ordinary" trade marks do, but as collective marks they indicate origin in members of an association rather than origin in just one trader.

In use, this main function may be supplemented by a secondary function similar to that of a certification mark. The association which owns the collective mark may set its own standards which its members must meet when using the mark, but, unlike the position with a certification mark, it does not have to set any such standards. So collective marks occupy the middle ground between certification marks and ordinary trade marks.

Definition

A collective mark is a mark distinguishing the goods or services of members of the association which owns the mark from those of other undertakings.

Specification

When completing an application form to register a collective mark, please note that the specification(s) filed should reflect only the goods and/or services which are actually being traded in by the members of the association.

Who can apply for one?

Any association, which authorises or will authorise its members, to use it in relation to certain goods and/or services.

What can be accepted as a collective mark?

A collective mark must, in the first instance, meet the acceptance requirements for "ordinary" trade marks. See the examination process.

A collective mark must also meet the detailed provisions set out in Schedule 1 of the Trade Marks Act 1994.

What other requirements are there?

An applicant for a collective mark must also supply a copy of the regulations governing the use of the mark, which must indicate:

• who is authorised to use the mark,
  
• the conditions of membership of the association, and
  
• where they exist - the conditions of use of the mark, including sanctions against misuse.

The regulations do not have to be sent at the same time as the application but must be sent within nine months of the date of the application. They must be accompanied with the form mentioned below.

What does the Registry check?

Before we allow a collective mark to be registered, we consider whether:

• the mark is registrable as a trade mark, and
  
• the regulations governing the use of the mark are satisfactory.

We may accept the application, outright or after amendment, etc, or refuse the application, subject to the applicant's right to a hearing.

Who can use a collective mark?

Use of a collective mark is limited to members of the association which owns the mark. Anyone else who is not a member of that association does not have any right to use the mark, regardless of the quality or characteristics of the goods or services which they supply.

Form(s)

Filing of regulations governing the use of certification or collective marks [TM35]

The application must be submitted with a fee sheet, which must be filled with all fee bearing forms.