What is the relationship between a common mark and a collective mark, and what is the difference bet

First of all, it is necessary to understand what a common mark and a collective mark are.

A collective mark is a sign registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. When directly applying for the registration of a collective trademark, in addition to submitting the Application for Trademark Registration completed and printed in accordance with the regulations, stamped with the applicant's official seal, the trademark drawing, a copy of the identity document (confirmed by the applicant's seal), and a copy of the ID card of the operator, the rules for the management of the use of the collective trademark and the list of collective members shall also be submitted.

A common trademark refers to a common trademark right, which refers to the trademark right jointly enjoyed by several entities for the same trademark. When two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, they can jointly enjoy and exercise trademark rights. This is a compromise made by multiple people when applying for the same trademark.

When a co-owner transfers a trademark right, licenses a trademark right, pledges a trademark right, etc., the unanimous consent of the other co-owners must be obtained, unless otherwise agreed.

1) Only a collective organization with legal personality can own trademark rights in the independent name of its collective;

2) The registration, use and management of collective marks should be subject to uniform rules and public supervision;

3) the ownership and use rights of the collective mark shall not be transferred;

4) When a collective trademark is infringed, the compensation for the loss shall include the losses suffered by all members of the collective organization;

5) When a member withdraws from the collective, he can no longer use the collective mark, and the new member has the right to use the mark when he joins.

A co-owned trademark is not a collective mark, so it cannot be applied for in accordance with the method of collective mark registration.

The subject of a common trademark right is two or more natural persons, legal persons or other organizations, and a collective trademark is a group organization formed by multiple natural persons, legal persons or other organizations, indicating that the goods or services are derived from a collective organization rather than an individual.

A collective trademark, on the other hand, is a sign registered in the name of a group, association or other organization for use exclusively by the members of the organization in commercial activities, and is used to indicate the user's qualifications as a member of the organization.

1. Only a collective organization with legal personality can have trademark rights in the independent name of its collective.

2. Unified rules should be formulated for the registration, use and management of collective trademarks, and they should be thin to the supervision of the public.

3. The ownership and use rights of the collective trademark cannot be transferred.

4. When a collective trademark encounters trademark infringement, the compensation for its losses needs to include all members of the collective organization.

5. When a member withdraws from the collective, the member cannot use the collective mark. New members can enjoy the rights of the collective mark.

On the whole, there is a big difference between a collective mark and a common mark. There are also differences in other areas such as application, registration, assignment, expiration date, etc. I hope that the induction can help everyone.

A: A common trademark is different from a collective trademark. A collective trademark is registered as a group, association or other organization for use by members of the organization in their commercial activities. The ownership of the collective commercial macro belongs to a collective, and the trademark is jointly used by the members of this collective organization, and the collective organization itself does not use it.

A collective mark does not reflect the joint ownership of trademark rights, but merely a joint use. Trademark co-ownership refers to the joint ownership of the trademark by the co-owners of the trademark. Compared with the common muqiao trademark, the collective trademark has a stronger vitality and magnificent development prospects.

Collective Marks.

A collective calendar trademark refers to a sign used by associations, associations or other cooperative organizations to indicate the identity of the joint organization and its members; Used by members of their organization in connection with items of goods or services in order to distinguish them from goods or services provided by non-members, such marks are called collective marks. The registration and use of collective trademarks is conducive to the union of small and medium-sized enterprises, promotes their intensive operation, forms competitive sales channels in the market, is conducive to the promotion of products and trademarks, and promotes large-scale operation. (1) Both are trademarks jointly used by multiple producers, operators or service providers.

2) the collective mark indicates that the goods or services are from the same organization; A certification mark indicates that the quality of goods or services is up to a specified specific quality. (3) The applicant for the collective trademark must be an organization established in accordance with the law and with legal personality; However, the applicant for a certification mark must also have the ability to detect and supervise the specific qualities of the goods or services. (4) The collective mark can be used as long as it is a member of the collective, and members other than the organization may not use it; The certification mark should show its openness, and as long as the goods or services meet the specific quality specified in the management rules, the certification mark can be requested.

5) The registrant of the collective mark may use the collective mark on the goods or services he or she operates; The registrant of the certification mark cannot use the certification mark on the goods or services it operates. (6) The collective trademark cannot be transferred after registration; A certification mark can be transferred to another organization established in accordance with the law, with legal personality and with the ability to detect and supervise.

Collective trademarks have the following differences from ordinary trademarks:

1) The operators are different, the collective mark indicates that the goods or services come from a certain organization, while the ordinary trademark indicates that the goods or services come from a certain operator;

2) The subject of the application is different, that is, the collective trademark is applied for registration by a certain organization, while the ordinary trademark can be applied for registration by a certain organization or a self-employed person;

3) Other differences.

[Legal basis].

Article 3 of the Trademark Law of the People's Republic of China.

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity other than the organization or a person who is in charge of its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.

The differences are as follows: 1. Collective trademarks can only be applied for registration by organizations; Ordinary trademarks can be registered by organizations or individual operators.

2. Both the collective mark and the ordinary trademark represent the operators of the goods or services, while the collective mark indicates that the goods or services come from an organization; An ordinary trademark indicates that the goods or services are from the operator.

3. Within two years after the expiration of the collective trademark, the Trademark Office shall not approve the registration of similar trademarks or the same trademark; For ordinary trademarks, it only takes one year for the Trademark Office to approve the registration of similar trademarks and identical trademarks;

4. Members other than the collective organization shall not use the registered collective trademark; Members outside the Organization may use common trademarks.

5. When registering a collective trademark, it is necessary to submit the detailed rules for the management of use; If you apply for an ordinary trademark, you do not need to submit the rules governing the use of the trademark.

6. If a collective trademark is allowed to be used by its members, there is no need to sign a license contract; If an ordinary trademark is allowed to be used by others, a license contract must be signed.

1. What are the types of trademarks?

1. Commodity trademarks.

Commodity trademarks are the most commonly used trademarks, which refer to the marks used by producers and operators in the production, manufacturing, processing, picking or distribution of goods, and are further divided into manufacturing trademarks and sales trademarks. A trade mark is the only mark that is applied for priority protection under the Paris Treaty for the Protection of Industrial Property.

2. Service marks.

A trademark used to mark and distinguish intangible goods, services, and services.

3. Collective trademarks.

In the name of a group, association, or other organization, it is used by the members of the organization in commercial activities to indicate that it is a sign of the organization's membership.

If a geographical indication is registered as a collective trademark, the producer or operator whose goods meet the conditions for using the geographical indication may request to join the registrant organization registered with the geographical indication as a collective trademark, and the organization shall be admitted as a member in accordance with the articles of association; If participation in the registration organization is not required, the GI may also be used properly, and the organization has no right to prohibit it.

4. Certification trademarks.

A trademark controlled by an organization capable of detecting and supervising a good or service, and used by a person other than it on the goods or services to certify the origin, raw materials, manufacturing methods, quality, accuracy, or other specific qualities of the goods or services.

If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request the use of the certification mark, and the organization controlling the certification mark shall allow it; If a trade mark contains a geographical indication, but the trade is not located in the region indicated by the mark, the trademark may not be used, let alone registered.