A collective trademark is a special type of trademark adopted by members of a collective organization for the identification of products or services that come from a particular group. It is different from regular trademarks. It denotes the collective interests of members belonging to a particular association or group. It preserves the specific identity of goods and services characterized by certain standards or qualities approved by the collective body.

Key Characteristics of Collective Marks

• Ownership and Use: The ownership of a collective mark is held by a collective organization, and only its members are allowed to use the mark in trade.

• Distinctiveness: As is the case with all trademarks, collective marks must be distinctive enough to enable consumers to distinguish the goods or services of the collective from those of others in the market.

• Geographical Importance: Collective trademarks usually bear regional or local features that correspond to the country of origin of the products or services.

• Laws and Regulations: The use and registration of a collective mark is further regulated by internal laws and rules established by the collective organization or group.

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Collective Trademark under the Trademark Act, 1999

Chapter VIII of the Trademark Act, 1999 deals especially with the provisions relating to collective marks, which are trademarks used by members of an association or by several persons carrying on a joint business. The important parts of this chapter lay down the rules and guidelines for registering, using, and enforcing collective marks and the role played by the Registrar and courts in protecting and regulating them.

Section 61: Special Provisions for Collective Marks

Application of Act to Collective Marks (Section 61(1)):

• This section explains that the provisions of the Trademark Act apply to collective marks as they apply to individual trademarks, subject to the specific provisions of this chapter. Thus, while collective marks are dealt with on par with other marks under the law, certain exceptions and additions apply, uniquely tailored to the character of collective marks.

Contents of the Regulations (Section 63(2)):

• In this regard, the term "distinguishing," referring to how trademarks identify goods or services, is enlarged on with regard to a collective mark. While a traditional trademark would distinguish goods or services of one person, a collective mark would distinguish goods or services of members of an association or group that is the proprietor of the collective mark. This section emphasizes the fact that the trademark is collective, owned by the association but used by its members.

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Section 62: Collective Mark Not to Be Misleading as to Character or Significance

Prohibition on Misleading Marks:

• A collective mark cannot be registered if it deceives the public about its character or significance. In other words, if a collective mark is likely to mislead the public into thinking that it is something other than a collective mark-for example if it is taken to be an individual trademark-it will be refused.

• The registrar might demand that such a mark has the declaration to indicate it is a collective mark so as not to raise any confusion.

Section 63: Application to be Accompanied by Regulations Governing Use of Collective Marks

Regulations on usage Section 63(1):

• With the application for the registration of a collective mark, the regulations on the use of the mark must be included. These are the regulations on how the collective mark may be used, by whom, and under what conditions.

Regulations (Section 63(2)):

The regulations shall include:

• Who is entitled to use the mark: The collective mark may only be used by members of the collective organization.

• Conditions of membership: Requirements to join the association or group that has the mark.

• Conditions of use: This includes specific usage rules and guidelines, as well as sanctions for misuse or improper use of the mark.

• Other prescribed matters which by law may be required.

Know in detail What is Trademark Law In India

Section 64: Acceptance of Application and Regulations by Registrar

Registrar's Role in Accepting or Rejecting Application:

• Once the application for registration and accompanying regulations are filed, the Registrar will determine whether the requirements of registration are satisfied. If so, the Registrar will accept the application either with or without conditions or variations to the regulations.

• In case the application is accepted, the Registrar shall also publicly advertise the regulations regarding the use of the collective mark.

Section 65: Regulations to be Open to Inspection

Public Access to Regulations:

• The regulations relating to the use of a collective mark must be accessible for public viewing. The public may access such regulations in the same manner as the Trademark Register (Section 148 of the Act), so that the public is well aware of the conditions and usage of the collective mark.

Section 66: Amendment of Regulations

Procedure for Amendment of Regulations:

If the regulations of a collective mark require alteration, the alteration shall come into effect only when:

• The amended alteration of the regulations is legalized and made official.

Section 67: Proceedings for Infringement by Registered Proprietor of Collective Mark

Collective Mark Infringement Cases:

• In cases of infringement of a collective mark, the court will take into consideration any loss the authorized users of the mark (i.e., members of the collective organization) may have suffered or are likely to suffer.

• The court may determine how the proceeds from any pecuniary remedy (such as damages or fines) should be distributed. The proceeds may be allocated on behalf of the authorized users of the collective mark.

• This means that the interests of the members who use the collective mark are also protected in case of infringement.

Section 68: Additional Grounds for Removal of Registration of Collective Mark

Grounds for Removing a Collective Mark from the Register:

Several grounds can lead to the removal of registration of a collective mark from the register. These grounds include:

• Misleading Use: If the way a collective mark has been used by the proprietor or the authorized user made the mark misleading to the public, the mark can be removed from the register.

• Failure to Observe Requirements: If the proprietor is found to have failed to comply with, or to put into effect, the regulations regarding use of the collective mark, the right of registration is liable to be revoked.

• This prevents abuse and sham practices.

Explanation of Section 68:

• Definition of "Authorized User:

Authorized users are members of an association entitled to use the registered collective mark of the association. The use of a collective mark by an authorized user is taken as a use of the mark by the registered proprietor of the collective mark itself.

• This ensures that the collective mark's use by members is legally recognized as if the proprietors themselves were using it, providing consistent protection and enforcement of the trademark rights.

Learn What are the Relative grounds for refusal of Trademark Registration under Section 11 of the Trade Marks Act, 1999

Summary

Chapter VIII of the Trademark Act, 1999 provides a structured and clear framework for the registration, regulation, and protection of collective marks. Provisions are made to ensure responsibility on the part of authorized members of a collective group in the usage of marks and protection against misuse or misleading practices. The control on the part of the Registrar coupled with rules for the collective marks placed ensures the mark's integrity and avoidance of deception to the public. These provisions provide a clear mechanism for the functioning of collective marks in India. They ensure fair use and protect the interests of consumers as well as collective mark holders.

FAQ on Collective Trademarks

Q1. What is a collective mark?

A collective mark is a trademark used by members of a collective organization to identify goods or services that conform to specific standards or qualities.

Q2. Can a collective mark be misleading?

No, a collective mark cannot be registered if it is likely to mislead the public or cause confusion.

Q3. What is required to register a collective mark?

The application must be accompanied by regulations governing the use of the mark, specifying who can use it and the conditions of use.

Q4. Who can use a collective mark?

Only authorized members of the collective organization can use the collective mark.

Q5. Can the regulations for a collective mark be varied?

Yes, but any variation of the regulations must be lodged with and registered by the Registrar before it comes into effect.