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Collective Marks and Certification Marks. An Introduction and Global Overview. Overview. Collective Marks and Certification Marks How each type works Nuances associated with registration/use. Collective Marks. Collective Marks. - PowerPoint PPT Presentation

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INTA Collective Marks and Certification Marks Presentation

Collective MarksandCertification MarksAn Introduction and Global OverviewThis presentation is designed to introduce collective marks and certification marks, their unique characteristics, and the distinctions between the two. Although these marks are applied for and used less frequently than traditional trademarks and service marks, they are equally important as traditional marks and can create potential pitfalls to those unfamiliar with their requirements.

1OverviewCollective Marks and Certification Marks

How each type works

Nuances associated with registration/use

Lets start with a quick overview of this presentation. We will begin with collective marks and discuss the two subsets of marks in this category, followed by some examples as well as several nuances associated with their registration and use. Then we will move on to certification marks, and their unique function in trademark law. Again, we will provide some examples of certification marks, and some key nuances and range of variations in the registration and use of certification marks as compared with traditional trademarks. Because national laws are not uniform, it bears mentioning that this presentation is intended to provide a very general overview of these topics and should not be treated as a substitute for seeking local advice on a jurisdiction-by-jurisdiction basis.

2Collective Marks3Collective MarksGeneral Definition: A collective can be a cooperative, an association, or any other collective group or organization.

Lets start with collective marks. In those countries that recognize collective marks, and it should be said at the outset that not all countries do, the first key concept to understand when dealing with collective marks is the collective component. Collective means a cooperative, an association or any other collective group or organization. It is a broad concept, and any group of individuals with a common goal is considered a collective.

4Collective MarksGeneral Definition: A collective mark is a form of trademark or service mark owned by a collective, whose members use the collective mark to identify their goods and services and to distinguish their goods and services from those of non-members, and to indicate membership in the group. Can also be used by the collective itself to promote the interests of the members.

While the definition of a collective mark varies from one country to another, collective marks usually are defined as signs that distinguish the geographical origin, material, mode of manufacture, quality, or other common characteristics of goods or services of different enterprises using the collective mark.

Collective trademarks are exceptions to the underlying principle of trademarks in that most trademarks serve as "badges of origin: they indicate the individual source of the goods or services. A collective trademark, however, can be used by a variety of traders, rather than just one individual concern, provided the trader belongs to the association that owns the collective mark. Collective marks as a category also include marks indicating membership in the collective. A collective mark can also be used by the collective itself to promote the interests of its members.

5Collective MarksThere are two types of collective marks:

Collective Mark akin to a normal trademark, but used by members of a collective.

Collective Membership Mark used to indicate membership in the collective.

Based on the general definition, we see that there are two subsets of collective marks: those used to indicate goods or services made or performed by members of an organization (collective trademarks), and those used to indicate membership in an organization (collective membership marks).

Lets examine these individual types of collective marks separately. First up is the regular collective mark.

6Collective MarksThe collective itself typically does not sell goods under the mark, but instead advertises or promotes the goods of its members under the mark.Example: TURKEY. THE PERFECT PROTEIN. (National Turkey Federation)Association uses the mark to promote the interests of its members.Members use the mark on their products to distinguish their products from those of non-members.One unique feature of collective trademarks is that the collective itself typically does not sell goods under the mark, its members do. The collective, however, usually advertises and promotes the goods of its members.

To illustrate, consider the collective mark TURKEY. THE PERFECT PROTEIN. This mark is registered in the United States by the National Turkey Federation in respect of turkey. The National Turkey Federation is not in the business of selling turkey. Instead, its purpose is to promote the interests of its members, which it does using the collective mark. Additionally, the members of the association are authorized to use the collective mark on turkey. So, when you are in the grocery store, you might see turkeys from multiple sources with packaging bearing the collective trademark TURKEY. THE PERFECT PROTEIN. The members of the National Turkey Federation use the mark to distinguish their products from those of non-members.

7Collective MarksIn some instances, the collective may also use the mark as a trademark to identify goods or services. Example:

Used by members to distinguish their services from those of non-members; and Used by the collective as a trademark on products.

In the previous slide, we noted that the collective itself typically does not sell goods under the mark. We said typically because there is nothing that prohibits the collective from using the mark as a trademark. This SMART logo is registered and used by the Asian Federation of Sports Medicine in Hong Kong. The members of that association may use the mark when offering their goods or services. The mark, however, is also used by the collective itself for various sports-related clothing and equipment.

8Collective Membership MarksGeneral Definition: A collective membership mark is a form of collective mark that is adopted by a collective for use only by its members to indicate membership in the collective group.Neither the collective nor the members use the membership mark to distinguish goods or services.

Lets turn to a subset of collective marks, namely collective membership marks.

A collective membership mark is a type of collective mark adopted for the purpose of indicating membership in an organized collective group. The function of this type of mark is to indicate membership in the collective. Neither the collective nor the members use the mark to identify goods or services.

9Collective Membership MarksSole function is to indicate membership.Use is only by members of the collective.Examples:WOMEN OF THE MOOSE (indicating membership in a fraternal organization for women).REALTOR (identifies members of the NATIONAL ASSOCIATION OF REALTORS).One example is WOMEN OF THE MOOSE. This collective membership mark indicates membership in a cultural, social, and charitable fraternal organization for women.

10Registration of Collective MarksNuances of Registration of Collective Marks:Wide variation among jurisdictions.Some countries (e.g., Indonesia) do not recognize collective marks at all.Some countries (e.g., China) require the filing of a list of the members of the collective and/or the managing rules of the collective (e.g., Vietnam).

The specific filing requirements and limitations regarding collective marks vary from jurisdiction to jurisdiction and are beyond the scope of this presentation. To give an idea of the breadth of variation, there are some countries, such as Indonesia, that do not recognize collective marks at all. Some countries require the filing of a list of all the members of the collective. Still others demand that the managing rules of the collective be included as part of the application. There is no substitute for country-specific advice.

11Certification marks12Certification MarksGeneral Definition: A certification mark is a form of trademark used to identify goods and/or services that meet certain standards or specifications.These standards or specifications include: quality, accuracy, place of origin, raw materials, mode of manufacture of goods or performance of services, other specified properties.Turning now to certification marks, we begin with a definition. A certification mark is a kind of trademark indicating that the goods or services in connection with which it is used are certified by the owner of the trademark to meet certain technical standards or specifications in respect of such characteristics as quality, accuracy, place of origin, raw materials, mode of manufacture of goods or performance of services.

13Certification MarksThe owner of a certification mark exercises control over the use of the mark and ensures the standards have been met. Because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the certification mark is by others.

14Certification Marks

One example of a well-known certification markis the GOOD HOUSEKEEPING SEAL OF APPROVAL.The Good Housekeeping Institute awards the Good Housekeeping Seal, which stands as one of the most recognized consumer product insignia in the United States.The seal represents Good Housekeepings limited warranty that if any product that carries the seal is found defective within two years from the date of purchase, Good Housekeeping will either replace it or refund the purchase price.

Another example is the CEmark, which indicates that a product complies with safety, health or environmental requirementsset by the European Commission.

The PSE (Product Safety

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