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Topic: Collective marks


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In the News (Fri 5 Dec 08)

  
  Collective trade marks - Wikipedia, the free encyclopedia
Collective trade marks are trade marks owned by an organisation (such as an association), whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organisation.
Collective trade marks (frequently referred to as collective marks) are exceptions to the underlying principle of trade marks in that most trade marks serve as "badges of origin" - they indicate the individual source of the goods or services.
The main difference is that collective trade marks may be used by particular members of the organisation 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.
en.wikipedia.org /wiki/Collective_trade_marks   (418 words)

  
 The UK Patent Office - Trade Marks - Collective Marks   (Site not responding. Last check: 2007-11-01)
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.
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.
www.patent.gov.uk /tm/howtoapply/collmark.htm   (509 words)

  
 A COLLECTIVE MARK IS USED BY THE MEMBERS
The collective mark is owned by the collective entity, even though the mark is used by the members of the collective.
Applications for registration of collective marks are different from applications for registration of regular marks because of the difference in ownership and use of collective marks.
The sole purpose of a collective membership mark is to indicate that the user of the mark is a member of a particular organization.
www.collective-mark.com   (183 words)

  
 Australian trademark law - Wikipedia, the free encyclopedia
Australian trade mark law is based on the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources.
The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner may also (for example) seek to protect its rights through legal proceedings for passing off.
Section 17 of the Trade Marks Act defines a trade mark as "a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person".
en.wikipedia.org /wiki/Australian_trademark_law   (362 words)

  
 FAQ Search Results
Collective marks, similar to certification marks are exceptions to the underlying principle of trademarks in that most trademarks indicate the individual source of the goods or services.
However, collective marks differ from certification marks in the respect that collective marks 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.
The owner of the collective mark is responsible for ensuring the compliance with certain standards (usually fixed in the regulations concerning the use of the collective mark) by its members.
resources.lawinfo.com /index.cfm?action=results1&cat=120&act=faq&keywords=&state=&subcatid=255&i=a   (1968 words)

  
 TMEP Chapter 1300   (Site not responding. Last check: 2007-11-01)
Applications for registration of collective trademarks and collective service marks are different in form from applications for registration of other trademarks and service marks because of the difference in ownership and use of collective marks.
When setting out dates of use of a collective mark on goods or in connection with services, in either a §1(a) application or an allegation of use filed in connection with a §1(b) application, the applicant must state that the mark was first used by members (or a member) of the applicant.
A collective membership mark may be a letter or letters, a word or words, a design alone, a name or nickname, or other matter that identifies the collective organization or indicates its purpose.  A membership mark may, but need not, include the term "member" or the equivalent.
www.uspto.gov /web/offices/tac/tmep/1300.htm   (4767 words)

  
 TMEP Section 105, Collective Membership Marks (BitLaw)
They are marks which are used by members of a group for the purpose of indicating their membership in the group or collective.
Ownership of such marks properly lies in the parent body, group or collective organization because of its exercise of legitimate control over use of the mark by the members of the group.
The definition of a collective membership mark is included in the definition of collective marks in §45 of the statute.
www.bitlaw.com /source/tmep/105.html   (235 words)

  
 Bohan Mathers: Trademarks: Collective Marks and Certification Marks
Two special types of marks, collective marks and certification marks, differ from ordinary tademarks and service marks, generally, in that the registrants of these marks are not the users of them.
Collective marks and certification marks, on the other hand, are not expected to be used by the persons, businesses, or organizations who register them.
For example, use of the collective mark of the United States Junior Chamber of Commerce (shown here on the left) identifies local chapters of Jaycees that are officially affiliated with the national organization.
www.bohanmathers.com /tmcmcm.html   (844 words)

  
 The Dominican Republic Law Firm: Guzman Ariza, Attorneys at Law.
All evidence of use of a mark presented for the purposes of this law shall have the force of sworn statements, the holder of the mark being responsible for its veracity.
The regulation for the use of the collective mark must detail the common characteristics or the qualities in common of the products or services for which the mark will be used, the conditions and ways under which the mark may be used and the persons who shall have the right of use.
A collective mark cannot be the object of a license for use in favor of persons different from those authorized to use the mark according to the regulation of use of the mark.
www.drlawyer.com /txt/articles/trademarks.html   (6252 words)

  
 Morning: Greening of Tech Transfer
In theory, collective marks and certification marks are birds of a different feather under the federal trademark law, the Lanham Act of 1946.
Collective marks are marks used by members of an association, group or organization which owns the mark.
A collective mark registration may be cancelled under Section 14(3), in cases where a collective mark was registered by or assigned to a member rather than the collective, or where the registrant permits others to use the mark in such a way as to misrepresent the source of the goods or services.
www.faculty.piercelaw.edu /hennessey/green/Morning.htm   (16487 words)

  
 Collective Marks
Collective trademarks and service marks are used by members of a group or collective, with each member applying the mark to the member's own goods or using it in connection with the member's own services.
Ownership of Collective Marks properly lies in the parent body or other organization because of its exercise of legitimate control over use of the mark by the members of the group.
Collective marks are in the process of being added to the trademark law in India and the author encourages registration of such marks for non-profit and other associations, for example, especially where previously such groups were limited to attempting to secure the more difficult and limited Certification Mark.
www.ladas.com /Trademarks/GeographicIndications/Geogra02.html   (316 words)

  
 English - Act and regulation: Collective Marks
Marks or information which do in business indicate the geographical origin of goods or services may be considered to constitute Collective Marks, the provisions of para.
Such a mark does not grant its owner the right to forbid a third party the use of the mark or the information for professional purposes, provided the use be in conformity with good business practises.
The use of a Collective Mark by one or more parties authorized to use the mark is considered use in the interpretation of para.
einkaleyfastofan.is /focal/webguard.nsf/key2/engcollective_marks.html   (802 words)

  
 TMEP Chapter 1300 - Examination of Different Types of Marks
Neither the collective nor its members uses the collective membership mark to identify and distinguish goods or services; rather, the sole function of such a mark is to indicate that the person displaying the mark is a member of the organized collective group.
Collective trademarks and collective service marks indicate commercial origin of goods or services, but as collective marks they indicate that the party providing the goods or services is a member of a certain group and meets its standards for admission.
The mark is used by all members of the group; therefore, no one member can own the mark, and the collective organization holds the title to the collectively used mark for the benefit of all members of the group.
www.lawmart.com /searches/TMEP-1300.htm   (14249 words)

  
 Trade Marks Act 1994
—(1) A collective mark shall not be registered if the public is liable to be misled as regards the character or significance of the mark, in particular if it is likely to be taken to be something other than a collective mark.
The regulations governing the use of a registered collective mark shall be open to public inspection in the same way as the register.
Apart from the grounds of invalidity provided for in section 47, the registration of a collective mark may be declared invalid on the ground that the mark was registered in breach of the provisions of paragraph 4(1) or 6(1).
www.opsi.gov.uk /ACTS/acts1994/Ukpga_19940026_en_6.htm   (1059 words)

  
 Corporate Affairs and Intellectual Property Office
A trade mark is a visible sign that can, in the course of trade, distinguish the goods or services of one trader from those of other traders.
No. Trade marks which are, or are confusable with, words or symbols which other traders or service providers in the same field should be free to use in the normal course of their business will not be registered as a trade mark.
Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association.
www.caipo.gov.bb /intell/inner/trademarks.html   (1283 words)

  
 [No title]
The mark shall not entitle the proprietor to prohibit a third party from using such signs or indications in the course of trade, provided that he uses them in accordance with honest practices in industrial or commercial matters.
The transfer of a registered collective mark may be entered in the Register unless, after the transfer, the mark is liable to mislead.
The party who infringes a right in a collective mark and who is liable to pay damages pursuant to the Trademarks Act shall be liable to compensate the loss suffered by the proprietor of the mark or by the persons entitled to use the mark.
www.uatm.com.ua /laws-wrl.html?country=Denmark&law=Collective_Marks_Act.html   (947 words)

  
 Japanese Collective Trademark Regime WIPR Sept. 2005   (Site not responding. Last check: 2007-11-01)
Such regional marks are considered valuable business interests because of the inherent premium value associated with identifying products with the quality and reputation of a particular geographic region.
Such mark will be registrable even if it indicates in a common way the name of the region which, as a result of use of such trademark, becomes well known among consumers as indicating the goods or services connected with their members' or their own business.
The rationale for such denial was that such marks should be able to be used freely by anyone in the trade, and it would be inappropriate to grant monopoly rights over such geographical names.
homepages.law.asu.edu /~dkarjala/InternationalIP/JapanCollectiveTMRegimeWIPR9-05.htm   (851 words)

  
 Florida Trend's Florida Small Business   (Site not responding. Last check: 2007-11-01)
Marks submitted for registration or reservation are checked for distinction from marks that are registered or reserved with the Division.
Marks submitted for registration or reservation are not checked, however, for distinction from corporation names, fictitious names or any other entity names registered with the Division.
It is the responsibility of the registering party to investigate the availability of a proposed mark and to determine that the mark does not constitute infringement upon the mark of another.
www.floridasmallbusiness.com /resources/dba02.asp   (1253 words)

  
 Patentstyret - Collective marks
The mark may be used on goods to which the standard applies, for example an environmental mark, control mark, etc.
The registration of a collective mark must always include certain rules or regulations for use of the mark.
If you wish to register your collective mark for more than three classes, the fee is NOK 1500 per class.
www.patentstyret.no /templates/Page____928.aspx   (334 words)

  
 Helpful Information / Articles - Taylor Russell & Russell, P.C.
There are four types of marks that may be registered with the United States Patent and Trademark Office: a trademark, a service mark, a certification mark, and a collective mark.
And a collective mark is used to indicate that the producer of goods or services is a member of a particular organization.
The rules and procedures for registering certification marks and collective marks are different than that for trademarks and service marks, and will not be considered further.
www.russell-law.com /areas_of_practice_trademarks_-_overview.asp   (230 words)

  
 Collective Marks -- Chilling Effects Clearinghouse
Collective membership marks are a type of trademark which, rather than indicating the source of a product or service, identify the user of the membership mark as a member of a particular group, in this case the National Association.
Answer: A collective mark is either a trademark or service mark that is used by the members of an association, organization, cooperative or other collective group.
Use of the collective mark indicates that the user is a member of the group that owns the mark.
www.chillingeffects.org /domain/notice.cgi?NoticeID=2380   (1362 words)

  
 PRH -- Act on Collective Marks
A collective body may, by means of registration in accordance with the Trademarks Act (7/64) or use, obtain the exclusive right to a trademark intended to be used by the members of the body in their professional activities (association mark).
An application for the registration of a collective mark shall include an excerpt from the association, trade or institution register or from some other report on the applicant’s field of activities, along with the association’s bylaws and stipulations regarding the use of the mark.
Assignment of collective marks shall be registered on application therefor, unless the mark, in the hands of the assignee, is liable to mislead the public.
www.prh.fi /en/tavaramerkit/lainsaadanto/Yhteismerkkilaki.html   (451 words)

  
 Collective Marks
A collective mark must also meet the detailed provisions set out in Schedule 1 of the Trade Marks Act 1994.
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.
www.trademarkshouse.com /resources/col_mar.htm   (481 words)

  
 IPR Primer: Collective Marks (by WIPO)   (Site not responding. Last check: 2007-11-01)
While the definition may vary from one country to the other, collective marks are usually defined as signs which distinguish the geographical origin, material, mode of manufacture, quality or other common characteristics of goods or services of different enterprises using the collective mark.
Most countries require that an application for a collective mark be accompanied by a copy of the regulations which govern the use of the collective mark and do not allow for the licensing of a collective mark.
Like trade/service marks, collective marks are also maintained upon payment of renewal fees.
www.1000ventures.com /business_guide/ipr/collective_marks.html   (166 words)

  
 Commencement   (Site not responding. Last check: 2007-11-01)
After 33 years, the Dance Collective name will officially be retired at the end of the 05-06 season.
While it marks the end of an era, the concert is the Boston debut for Sarah Slifer, a choreographer who has been working in Europe and recently relocated to Boston.
The dances track the development of two people defining their own personal space on the planet, examining the dangers of self-created universes while also recognizing that they are what we all make, in degrees, to get by in our human existence.
www.dancecollective.org /Commencement.htm   (495 words)

  
 Patents Inventors Resources and Information
Service marks - used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise.
There are other types of marks that can be registered in the USPTO, but they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks.
The USPTO examines trademark applications to determine if there is likelihood of confusion between the mark in the application and a previously registered trademark or another mark in a prior-pending application.
www.uspto.gov /web/offices/com/iip/trademarks.htm   (927 words)

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