wipo-insme international training program an introduction to the field of collective marks and...

WIPO-INSME WIPO-INSME International Training ProgramInternational Training Program

An Introduction to An Introduction to the Field of Collective Marks the Field of Collective Marks

and Certification Marks for SMEsand Certification Marks for SMEs

Geneva - May, 2005Geneva - May, 2005

Martin Senftleben, WIPOMartin Senftleben, WIPO

OverviewOverview

Part I: Functions of Marks

Part II: Collective Marks» Certification Marks

» Examples

» Regulations

» Change in Ownership

Part III: Conclusion

Part I:Part I:

Functions of MarksFunctions of Marks

• Origin function– allows identification of

the enterprise offering a good or service

• Quality function– consumers associate

certain quality with a mark

– encourages the holder to maintain the quality standard

• Communication function– can become a carrier of

additional information– “mark image”

Art. 15(1) TRIPS:Art. 15(1) TRIPS:

“…capable of distinguishing the goods or services of one undertaking from those of other undertakings…”

Part II: Collective MarksPart II: Collective Marks

What is a collective mark?What is a collective mark?

• Individual mark

• Collective mark holder: association» focus on the good or service

geographical origin

holder: individual person» focus on the enterprise as the source of the good or service

specific naturespecific quality

other characteristics


What is a certification mark?What is a certification mark?

specific functions:

– distinction function?– guarantee function– securing quality– informing consumers

control concerning:

– geographical origin– production process– specific nature– other characteristics

• Certification mark holder: control institution» focus on specific characteristics

Part II: ExamplesPart II: Examples

OriginOrigin


Geographical OriginGeographical Origin


NatureNature


QualityQuality


What are the different forms of use?What are the different forms of use?

• use by the members of the association

• use by the association itself

• use by both the association and its members

• use by third parties

• use by third parties as well as the association and/or its members


Collective mark regulations - Collective mark regulations - for what purposes?for what purposes?

internal relations:

– clarifying the relationship between the association and its members

– clarifying the relationship of members to each other

external relations:

– informing the public about the association and its members

– ensuring transparency as to the conditions of use of the collective mark


Regulations - what contents?Regulations - what contents?

• association:– name and

headquarters– purpose– representation

• membership:– requirements– obligatory admission?

• use authorization:– criteria– all members?– third parties?

• conditions of use:– term – form– nature of goods/services– quality standard– specific region?


Is a change in ownership possible?Is a change in ownership possible?

• in principle: not precluded

• same organizational structure required – collective mark: association– certification mark: control institution

• changes to the regulations?

• conditions of use to be observed– quality standard– nature of goods/services

Part III: ConclusionPart III: Conclusion

Business approach to individual and Business approach to individual and collective markscollective marks

Individual marks

• full direct control• reflects “goodwill” of an

individual enterprise• subject of direct

investment• becomes individual asset

of an enterprise• no limits to assignment

and licensing

Collective marks

• no direct control• forms rather an additional

marketing instrument• not necessarily subject of

direct investment• useful starting point when

setting up a business• specific rules for assignment

and licensing

The End.The End.

Thank you!

...for further information, visit www.wipo.int

wipo-insme international training program an introduction to the field of collective marks and...

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