A collective trademark is made up of the letter, words, designs, names, etc. It is a trademark owned by an organization such as an association, and it is only used by its members. Collective trademarks help in recognizing the level of value, geological source. It additionally demonstrates the individual wellspring of products or services. Collective trademark is open for use to an assortment of dealers and not only one individual, gave, the broker is the individual from the association. Functions are:
1. To tell people about the features of the goods which basis on the collective trademark.
2. They promote products which have a geographical origin, in this the product not only gets a domestic recognition, also, it gains international recognition.
3. It also helps in differentiating one product from another.
i) The mark used by the members, and
ii) The mark used by those registered by a cooperative or association.
‘Collective trademark’ has been defined under section. 2(1)(g) of the Trade Marks Act,1999. It says it is a trademark recognizing the goods or services of individuals from a relationship of people (not being an organization with the importance of the Indian Partnership Act,1932) which is the proprietor of the imprints from those of others.
The regulations under rule 128 should include:
a) The name of the association of persons and their respective office addresses.
b) The object of the association,
c) The details of the member,
d) The conditions of membership and relation of each member within the group.
e) Conditions governing the use of the mark including sanctions.
f) The procedure for dealing with appeals against the use of collective marks.
1. The persons authorized to use the mark,
2. The conditions of membership of the association,
3. Conditions of non-use of the mask, and
4. Sanctions against misuse.
Section 62 of Trade Marks Act, 1999, deals with the registration of the collective trademark.
The two essential components are-
1. A collective mark shall not necessarily be done with Trademark Registration if it is likely to deceive or cause confusion to the public;
2. If it is likely to be taken to be something other than a collective mark and the registrar may require that the mark in respect of which application is made for registration comprise some indication that it is a collective mark.
Section 64 gives that on the off chance that it appears to the enlistment center that the prerequisites for enrollment are fulfilled, he will acknowledge the application together with the directions, either unequivocally or subject to such conditions including revisions of the said controls, assuming any, as he may consider fit or deny it and if acknowledged, will inform the directions. The Section 65 gives that the directions will be available to open review similarly as the enlistment center as gave in area 148.
Related Topic: Consequences of Patent Infringement in India
Section 68 provides the briefing of the areas of removal of registration of collective mark-
1. The manner in which the collective mark is there cause it to mislead the public as a collective mark, or
2. Grounds of non-use of the mark, under section 47.
Saving for words used as name or description of an article, under section 36.
Section 67 provides that in a suit for infringement by the original proprietor of a collective mark as plaintiff the court shall take into account any loss or likely possible by authorized users and may give such directions. It thinks suitable to the area to which the plaintiff shall keep the proceeds of any pecuniary cure of such authorized users.