What does the relative fixity of the members of the collective mark mean

A collective mark, also known as a "collective mark", refers to 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. For example, trademarks registered by various industry associations are used by members of the association. The function of a collective mark is to indicate to people that the goods or services operated by the members of the collective organization using the mark have common characteristics.

According to the Trademark Law, a trademark approved and registered by the Trademark Office is a registered trademark, including: commodity trademark, service trademark, collective trademark, and certification trademark. The law has clearly divided these four types of trademarks into four basic types of registered trademarks.

Although the definition may vary from country to country, a collective mark is generally defined as a sign that is used to distinguish the origin, material, method of manufacture, quality or other general characteristics of the goods or services provided by the enterprises in which the collective mark is used. The owners of collective marks may be associations made up of businesses, or they may be other entities, including public institutions or cooperatives. Most countries require that the application for a collective mark be accompanied by a copy of the relevant provisions, which regulate the use of collective marks and do not allow for the licensing of collective marks.

Like commercial marks and service marks, collective marks are subject to a renewal fee in order to be maintained.

A collective mark is a sign registered in the name of a group, association or other organization for the exclusive use of the members of the organization in commercial activities to indicate the user's membership in the organization. In some countries, it is also possible for a federation of enterprises to register on behalf of the company, and sometimes by the authority leading the enterprise. The role of a collective mark is to show users that the enterprises using the mark have common characteristics.

An enterprise that uses a collective trademark has the right to use other trademarks that it has exclusive ownership of. The trademark laws of China, the United States, most Western countries with civil law systems, some Eastern European countries and some developing countries all have provisions for the registration and protection of collective trademarks.

A collective mark is a trademark of an organization, not a business. A collective trademark indicates that the trademark user belongs to a certain organization, embodies its characteristics of "common" and "common", and indicates that the goods or services operated by the members of the organization are used in accordance with a common standard or common nature.

Article 3 of the Trademark Law of the People's Republic of China The term "collective trademark" as used in this Law refers to 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.

1) Both the collective mark and the ordinary mark indicate the operator of the goods or services, but the collective mark indicates that the goods or services come from a certain organization; Ordinary trademarks, on the other hand, indicate that they originate from a certain operator.

2) a collective mark can only be registered by a certain organization; An ordinary trademark can be registered by an organization or a self-employed person.

3) If you apply for a collective trademark, you must submit the rules for the management of use; There is no such requirement to apply for an ordinary trademark.

4) the collective mark cannot be used by members other than the organization; Ordinary trademarks may be licensed to members outside the Organization.

5) The collective contractor does not need to sign a license contract when its members are allowed to use it; When a common trademark is licensed to another person, a license contract must be signed.

Example: In order to build a regional brand, promote the high-quality development of the flour industry in the region, and increase the income of grain farmers and enterprises, in 2019, the Food and Material Reserve Bureau of the Autonomous Region and the Xinjiang Grain Industry Association applied for the registration of a collective trademark for "Xinjiang Flour", and the Trademark Office of the State Intellectual Property Office has approved the collective trademark of "Xinjiang Flour".

On October 25, 2019, it was learned from the Food and Material Reserve Bureau of the Autonomous Region that there are currently more than 100 flour processing enterprises and hundreds of flour brands in Xinjiang, and more than 20 well-known brands such as Tianshan, Yisheng, Kachun, Cangmaiyuan, and Shuaiqi, and Xinjiang sold about 200,000 tons of flour to the mainland in 2018.

Collective mark refers to a trademark registered in the name of a group, association or other organization, and a collective mark is a sign that is used exclusively by members of the organization in commercial activities to indicate the user's membership in the organization.

There are these differences between collective marks and ordinary marks:

1. Both collective trademarks and ordinary trademarks can be used by the trademark holder on approved goods or services, but the collective trademark indicates that the goods or services come from a certain organization; Ordinary trademarks, on the other hand, indicate that they originate from a certain operator.

2. A collective trademark can only be applied for registration by a group or organization; Ordinary trademarks can be applied for registration by individuals or corporate operators.

3. Collective marks are generally not allowed to be used by members other than the Organization; Ordinary trademarks can be licensed to others for use.

4. Collective trademarks cannot be transferred; Ordinary trademarks can be transferred to others.

What does a collective mark mean? Can you give an example? What does a collective trademark mean, that is, your trademark can only be used by the collective, not by others.

What does a collective mark mean? Can you give an example? It is a collective negotiation of brand trademarks.

Hello, 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. For example, the collective trademark "China Industrial Cleaning Association and Graphics" applied for by the China Industrial Cleaning Association, the collective trademark "World Central Union" applied by the World Federation of Chinese Medicine Societies, the collective trademark "Shitang Road" applied by the Beijing Shitang Road Folk Tourism Professional Cooperative, and the collective trademark "Xinhua Bookstore" applied by the China Xinhua Bookstore Association.

Collective mark: A sign registered in the name of a group, association or other organization for use by members of the organization in their commercial activities to indicate the user's membership in the organization. A collective trademark is a collective right that is applied for registration and owned in the name of a collective composed of members, and is jointly used by all members, and has "common" or "common".

You and you can think about this, and after thinking about it, you can consider the distance, the rest of the distance, and you can do it as long as you are regular, you can do it without charging money.

In the case of a collective mark, it means that everything is collective.

A collective mark is a sign applied for registration by an association, association or other cooperative organization to indicate the identity of the organization and its members; Used by members of their organization on items of goods or services to distinguish them from those provided by non-members, such trademarks are called collective marks.

A collective mark is a sign used by associations, associations or other cooperative organizations to indicate the identity of a 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.

Collective Marks.

1) According to Article 3 of the Trademark Law and the Measures for the Registration and Administration of Collective Marks and Certification Marks (April 17, 2003 Edition), the scope of the subject qualification of trademark registration applicants applying for collective trademarks in China is as follows:

Industrial and commercial associations, associations or other collective organizations.

2) The conditions that should be met are:

a. It must be an enterprise or institution registered in accordance with the law and with legal personality. The enterprise or institution shall be an organization, which may be an industrial or commercial group, an association, industry or other collective organization, rather than a single enterprise or a self-employed person;

b. The applicant applying for the registration of a geographical indication as a collective mark shall be composed of members from the area indicated by the geographical indication;

c. There must be a certificate of the applicant's main qualification issued by the local industrial and commercial department, that is, the legal document that the applicant is registered in accordance with the law and has the status of a legal person, which can be the business license of the enterprise, or the approval document of the legal registration of public institutions and mass organizations;

d. If a geographical indication is applied for registration as a collective trademark, the approval document of the people's ** or the competent department of the industry in the area where the geographical indication is indicated shall also be attached;

e. Where a geographical indication is applied for registration as a collective trademark, it shall provide a detailed description of the professional and technical personnel and professional testing equipment that it has or the institution entrusted by it, so as to show that it has the ability to supervise the use of the specific quality of the goods under the geographical indication;

f. The rules for the management of the use of the applied collective mark must be formulated.

Hello, collective mark refers to a sign registered in the name of a group, association or other organization for the exclusive use of members of the organization in commercial activities to indicate the user's membership in the organization. According to Article 3 of the Trademark Law, a trademark approved for registration by the Trademark Office is a registered trademark, including: commodity trademark, service trademark, collective trademark and certification trademark.

Both are trademarks jointly used by multiple producers, operators or service providers.

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.

The applicant for a collective mark 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.

The collective mark may be used by members of the collective, and may not be used by members other than the organization; The certification mark should show its openness, and the use of the certification mark can be requested as long as the goods or services meet the specific quality specified in the management rules.

The registrant of a collective mark may use the collective mark on the goods or services he or she operates; The registrant of a certification mark cannot use the certification mark on the goods or services it operates.

A collective mark 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 marks are also known as collective marks.

1. Definition of collective trademark.

Article 3 of the Trademark Law (Third Revised Edition dated October 27, 2001) defines a collective mark: "For the purposes of this Law, a collective mark refers to 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. ”

Article 2 of the Measures for the Registration and Administration of Collective Marks and Certification Marks (First Revised Edition on December 3, 1998) defines collective marks: "Collective marks refer to the trademarks or service marks of goods used by members of industrial and commercial groups, associations or other collective organizations to indicate that the operators of goods or the providers of services belong to the same organization. ”

2. Characteristics of the collective mark.

1) The collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a group organization composed of multiple natural persons, legal persons or other organizations, that is, it indicates that the goods or services are from a collective organization, which can be a specific guild, chamber of commerce and other industrial and commercial groups or other collective organizations, and the provider of specific goods or services retreats behind the collective as a collective member. It embodies its characteristics of "common" and "shared";

2) A collective trademark is a collective right that is applied for registration and owned in the collective name of each member and jointly used by all members, which is reflected in the application for registration of the collective mark, that is, it is required that only a collective organization with legal personality can file an application, because only a collective organization with legal personality can have the trademark right in the independent name of its collective;

3) The collective mark is reflected in the use of the trademark, which is manifested in the fact that the collective organization usually does not use the collective mark, but is jointly used by the members of the organization; Not a member of the organization cannot use it; Each member has equal rights to use, and there is no subordinate relationship between members; At the same time, it must supervise the use of its class members and deal with members who violate the rules of use;

4) Uniform rules should be formulated for the registration, use and management of collective marks, detailing the rights, obligations and responsibilities of members, as well as the amount and use of management fees, and making them public, and collective members should abide by each other and be subject to public supervision;

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

6) When a claim for compensation for damages caused by the infringement of a collective mark shall include the losses suffered by the members of the collective organization;

7) When a member withdraws from the collective, he can no longer use the collective mark, and when a new member joins, he can use the collective mark by virtue of the membership, which is non-transferable, and the right to use the trademark based on this status relationship cannot be transferred;