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Topic: Collective trade marks


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In the News (Mon 28 Dec 09)

  
 The UK Patent Office - Trade Marks - Collective Marks   (Site not responding. Last check: 2007-10-21)
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)

  
 IP Protection Strategy for Herbal Growers
A collective trade mark is a mark used in the course of trade for the purpose of distinguishing the goods or services of persons who are members of any association from the goods or services of persons who are not members of that association.
The trade marks should be filed in the names of the bona fide proprietors of the marks at the outset, failing that they will be invalid and could be used to bind the growers in arrangements which may not be in their best interest.
Once the trade marks have been identified and protected, care has to be taken in the proper exploitation of these trade marks by means of marketing, distribution, import/export and/or licensing agreements to ensure quality control and proper usage, as well as to guarantee revenue streams.
www.tralac.org /scripts/content.php?id=2734   (3805 words)

  
 ipedia.com: Collective trade marks Article   (Site not responding. Last check: 2007-10-21)
Collective trade marks are trade markss owned by an organisation whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by...
Collective trade marks are trade markss owned by an organisation whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the association.
Collective trade 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.
www.ipedia.com /collective_trade_marks.html   (279 words)

  
 Types of Trademarks FAQ   (Site not responding. Last check: 2007-10-21)
A collective mark is a symbol, label, word, phrase, or other mark used by members of a group or organization to identify goods, members, products, or services they render.
Collective marks are often used to show membership in a union, association, or other organization -- for example, ILGWU is a collective mark for the members of International Ladies Garment Workers Union.
For example, when the Girl Scouts sell cookies with their collective mark on the package, that indicates that goods are a product of the organization (that is, they are Girl Scout brand cookies).
www.nolo.com /encyclopedia/articles/tc/PCT26.HTML   (620 words)

  
 Trademark Article, Trademark Information   (Site not responding. Last check: 2007-10-21)
Marks may also be abandoned by "naked licensing", which involves the owner granting rights touse the mark to another party without sufficiently controlling how or on what they use it.
The proper use of a trademark means usingthe mark as an adjective, not as a noun ora verb or a possessive.
In that case the mark was never valid, and thus all threats to sue on it were groundless—the defendantcan walk away with damages from the claimant.
www.anoca.org /mark/trademarks/trademark.html   (2417 words)

  
 Collective trade marks -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-21)
Collective trade marks are (Click link for more info and facts about trade mark) 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 differ from (Click link for more info and facts about certification mark) certification marks.
Many jurisdictions have been required to amend their trade mark legislation in order to accommodate the requirement of protection of collective marks under (A journey for some purpose (usually including the return)) TRIPs.
www.absoluteastronomy.com /encyclopedia/c/co/collective_trade_marks.htm   (396 words)

  
 INTERPATENT - Italian trade mark law   (Site not responding. Last check: 2007-10-21)
Collective trade marks are subject to all the other provisions of the present Law, insofar as the latter are not in contrast with the character of the said trade marks.
In no case shall a transfer and a license of a trade mark be made in such a way as to deceive the public as to those features of the goods or services which are essential to their appraisal on the part of the public.
A trade mark registration in favour of a foreigner, whose enterprises from which the goods or services distinguished by the said trade mark have their origin are not in the territory of the State, may be granted if the State of which the applicant is national accords reciprocity of treatment to Italian citizens.
www.interpatent.com /tm_e.htm   (6067 words)

  
 TRADEMARK FACTS AND INFORMATION   (Site not responding. Last check: 2007-10-21)
Therefore marks which identify or describe a product or service, or which are in common use, or which are used as geographical_indications, generally cannot be registered as trademarks, and remain in the public_domain for use by anyone.
Whether a mark is registrable on the basis of acquired distinctiveness is a question of degree determined by the extent to which the mark has been used in the jurisdiction where registration is sought.
The proper use of a trademark means using the mark as an adjective, not as a noun or a verb http://www.inta.org/info/faqsU.html http://www.3com.com/corpinfo/en_US/legal/trademark/prop_usage_tmb.html#1 http://www.adobe.com/misc/trade.html, though for certain trademarks, use as nouns and, less commonly, verbs is common.
www.livingflowers.com /trademark   (4713 words)

  
 Trade Mark Law - Bhutan   (Site not responding. Last check: 2007-10-21)
The application for registration of a mark shall be filed in the prescribed manner with the Registrar and shall contain a request, a reproduction of the mark and a list of the goods or services for which registration of the mark is requested, listed under the applicable class or classes of the International Classification.
An application for registration of a collective mark shall designate the mark as a collective mark and shall be accompanied by a copy of the Rules governing the use of the collective mark.
In particular, any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public, shall be deemed unlawful.
www.naukri.com /lls/tm/tmBhutan.htm   (1413 words)

  
 [No title]
(2) In these regulations, the Trade Marks Regulations 1954 SR 1954/222 are called "the principal regulations".
The regulations provide for administrative matters relating to the registration of collective trade marks.
Collective trade marks were introduced into the Trade Marks Act 1953 by the Trade Marks Amendment Act 1999.
www.knowledge-basket.co.nz /regs/regs/text/2000/2000024.txt   (390 words)

  
 Marks, Act, 22/12/1993, No. 194   (Site not responding. Last check: 2007-10-21)
If a trade mark contains matter which is not capable of distinguishing within the meaning of section 9, the registrar or the court, in deciding whether the trade mark shall be entered in or shall remain on the register, may require, as a condition of its being entered in or remaining on the register  
(1) A trade mark may be limited in whole or in part to a particular colour or colours, and in case of any application for the registration of a trade mark the fact that the trade mark is so limited shall be taken into consideration in deciding whether it is capable of distinguishing.
In all legal proceedings relating to a registered trade mark (including applications under section 25) the fact that a person is registered as the proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof.
www.wipo.int /clea/docs_new/en/za/za009en.html   (6792 words)

  
 Long & Chybik - Patent & Intellectual Property Attorneys
A service mark is a word, name, symbol or device or any combination thereof which is used to identify and distinguish the services of one person from goods manufactured or sold by others and to indicate the source of the services, even if the source is unknown.
A certification mark is any word, name, symbol, or device, or any combination used by a person or an entity, other than its owner of the mark, to certify origin, material, mode of manufacture, quality, accuracy, region or other characteristics of the goods or services.
Conversely, collective trade/service marks indicate the source of goods or services in that the source of these goods or services is the member of a particular group.
www.patents-tm.com /trademarks/trademarksbackground.htm   (1159 words)

  
 Trade Mark Law
ii."collective mark" means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark;
vi.identical with a mark belonging to a different proprietor and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.
a.An application for registration of a collective mark shall designate the mark as a collective mark and shall be accompanied by a copy of the Rules governing the use of the collective mark.
www.vakilno1.com /saarclaw/bhutan/trademark/trademarkact.htm   (1401 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)

  
 TRADE MARKS ACT 194 OF 1993
(2) Where a trade mark and any part or parts thereof are, by virtue of subsection (1) of section 18, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.
(5) An assignment or transmission of a registered trade mark in respect of which a deed of security has been endorsed in terms of subsection (3) shall not, without the written consent of the person in whose favour the deed of security has been granted, be registered by the registrar in terms of section 40.
In all legal proceedings relating to a registered trade mark (including applications under section 24) the fact that a person is registered as the proprietor of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof.
www.legalnet.co.za /cyberlaw/TradeMarksAct.htm   (7256 words)

  
 Sanhall Trade Marks Ltd. - Trade Mark & Patent Registration in the Caribbean
Sanhall Trade Marks Ltd. is a leading trademark agency for the Caribbean region.
Trade Marks can be assigned with or without goodwill and with or without minimum payment; i.e.
Registration of a series of trade marks, division of an application for registration of a trade mark into several applications, the merging of separate applications or registrations.
www.sanhall.com   (492 words)

  
 Trademark
When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.
The ® symbol is used to denote that a trademark has been registered with the government trade marks office or registry of a particular country or jurisdiction.
The proper use of a trademark means using the mark as an adjective, not as a noun or a verb [3] (http://www.inta.org/info/faqsU.html) [4] (http://www.3com.com/corpinfo/en_US/legal/trademark/prop_usage_tmb.html#1) [5] (http://www.adobe.com/misc/trade.html), though for certain trademarks, use as nouns and, less commonly, verbs is common.
www.purchasesilver.com /search.php?title=Trademark   (4126 words)

  
 James & Wells - Trade Mark & Patent Attorneys   (Site not responding. Last check: 2007-10-21)
Conducting New Zealand and international searches of patents, trade marks and designs and assessing the results with regard to use, registration and conflict with the rights of others.
You can find out more about patent and trade mark searching in our "Guide to the Protection of Innovation and Goodwill" available free on the "Publications" page of this website.
Advice relating to the protection and use of trade and service marks, collective trade marks and certification marks, as well as how to avoid infringement.
www.jaws.co.nz /page.cfm?id=2   (490 words)

  
 Spoor & Fisher   (Site not responding. Last check: 2007-10-21)
(2) Subject to the provisions of this section, the provisions of this Act shall, except in so far as is otherwise provided, and in so far as they can be applied, apply to a certification trade mark.
(2) Geographical names or other indications of geographical origin may be registered as collective trade marks.
(3) Subject to the provisions of this section, the provisions of this Act shall, except in so far as is otherwise provided, and in so far as they can be applied, apply to a collective trade mark.
www.spoor.co.za /article.php?no=164   (90 words)

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