According to Section 2(1)(g) of the Trade Marks Act of 1999, a Collective Mark is a trademark that distinguishes the goods or services provided by a specific group of people from those offered by other groups. The fact that this kind of trademark can be owned by a group of people rather than a partnership is emphasized. A general trademark indicates that a product or service is owned by an individual or legal entity denoting the brand name of their business; collective marks indicate that the mark is owned by an association of people engaged in similar business activity. This is the difference between a general trademark and a collective mark. To put it simply, the Mercedes logo on a vehicle indicates that it is manufactured by Mercedes. On the other hand, a book’s designation as “Cambridge University Press” is indicated by the Cambridge University Press logo. Collective Marks, on the other hand, place an emphasis on the association to which the mark belonged—another important distinction.
However, there is a major distinction between Collective Membership Marks and Collective Marks. Collective Marks show where a group’s products and services came from. However, Collective Membership Marks’ sole purpose is to indicate membership in the association. A member of that group can be identified as a member of that group by using the Collective Membership Mark. An illustration of this is the Bar Council’s mark, which indicates that lawyers are members of the organization.
Certification Marks versus Collective Marks
Certification Marks and Collective Marks are similar in many ways because they are both used by groups of people to identify products or services. However, the fact that a Certification Mark can be used by an individual or legal entity for goods or services that meet certain quality standards sets them apart from one another. For instance, the FSSAI certification mark is used to check the quality of food products. While NCERT’s mark is a Collective Mark; Members of NCERT are only permitted to use their trademark on NCERT-provided goods and services.
Tips for Registering Collective Marks According to Chapter 8 of the Trademarks Act of 1999, the following must be kept in mind when applying for Collective Mark registration:
In accordance with the Trade Marks Act of 1999, any mark that has the potential to cause public confusion regarding the source of a product or service is not eligible for registration as a collective mark. As a result, the applied-for mark should emphasize its uniqueness, making it easier for the general public to identify the group of people through the mark.
It should be noted that the requested mark should not cause any confusion but rather be distinctive. Additionally, it should state that the mark is affiliated with a group.
Each application for the registration of Collective Marks needs to make it very clear who will be allowed to use that mark.
Important information, such as the applicant’s name (the name of the group of people) and their address, the nature of the mark, the purpose for which the group was formed, the condition of membership, and so on, must be included in a collective mark trademark application. or any other information that the Registrar deems necessary, as well as any necessary documents, must be attached.
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Why is it necessary for an Association to register a Collective Mark?
An association should apply to register Collective Marks for a variety of reasons. Reasons for this include:
The association owns the intellectual property known as a Collective Mark. The asset known as intellectual property comes with a number of rights attached, including commercial rights.
Another reason is that it helps you build a brand with a distinctive mark on the market, which also builds your reputation and goodwill. Thirdly, you are entitled to certain statutory rights if your trademark is registered. primarily the right to ensure that no one else can use your mark, symbol, or logo to profit from your goodwill and sell products or services. In addition, legal rights grant access to redress mechanisms in the event of violation. For instance, you have the option of taking legal action against anyone who uses a similar mark in the market for similar goods and services. You have the power to persuade them to stop using your symbol and demand payment for both the harm they caused and the advantage they gained by using it.
Because you are now able to distinguish your product or service from those of other companies, having a registered trademark enables you to develop a brand. This makes your brand easy to recognize; It allows people to associate your product or service with a particular quality. When you register a trademark, it has a ten-year validity period that can be extended indefinitely. This means that once you have a trademark that has been registered, the intellectual property rights that come with it will only belong to you and no one else for the rest of your life.
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