Is a jointly owned trademark a collective trademark?

As we all know, a Collective trademark is a trademark registered in the name of a group, association or other organization, and is exclusively used by members of the organization. So does a shared trademark belong to a collective trademark? I believe everyone has such doubts. Today, the editor of Legal Savior Network has compiled the relevant legal knowledge for you "Does a shared trademark belong to a collective trademark?" I hope it will be helpful to you. .

Is a shared trademark a collective trademark

Shared trademarks are collective trademarks.

What is a collective trademark

Collective trademark refers to groups, associations Or a sign registered in the name of another organization and exclusively used by members of the organization in commercial activities to indicate the user's membership in the organization. In some countries, federations of some enterprises may also be registered as representatives, and sometimes the government agencies leading these enterprises may register on their behalf. The function of a collective trademark is to indicate to users that the companies using the trademark have common characteristics. An enterprise using a collective trademark has the right to use other exclusive trademarks at the same time. The trademark laws of my country, the United States, most Western countries with civil law systems, some Eastern European countries and some developing countries all have provisions for registration protection of collective trademarks.

Characteristics of collective marks

(1) A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to multiple natural persons, legal persons or other organizations. A community organization composed of organizations means that the goods or services come from a certain collective organization. This collective can be a specific guild, chamber of commerce and other industrial and commercial groups or other collective organizations. The providers of specific goods or services are represented by collective members. The identity is hidden behind the collective. It reflects its "shared" and "shared" characteristics;

(2) A collective trademark is registered and owned in the name of a collective composed of members, and is a collective right jointly used by all members. This is reflected in the application for registration of the collective trademark. , that is, only collective organizations with legal personality can apply, because only collective organizations with legal personality can own trademark rights in their independent collective name;

(3) The collective trademark is reflected in the use of the trademark, which is manifested in that collective organizations usually do not use the collective trademark, but It is jointly used by members of the organization; it cannot be used by non-members of the organization; each member has equal rights to use, and there is no affiliation between members; at the same time, the use of collective members must be supervised, and those who violate the rules of use must be supervised. members for processing;

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

(5) When the collective trademark has been infringed and claims compensation for losses , should include the losses suffered by members of the collective organization;

(6) When a member withdraws from the collective, he can no longer use the collective trademark. When a new member joins, he can use it due to his membership status. This is a collective trademark. This membership cannot be transferred, nor can the right to use the trademark based on this identity relationship be transferred;

(7) Geographical indications can be registered as collective trademarks. If a geographical indication is registered as a collective trademark, a natural person whose goods meet the conditions for using the geographical indication , legal persons or other organizations may request to participate in a group, association or other organization that registers the geographical indication as a collective trademark. The group, association or other organization shall be admitted as a member in accordance with its articles of association; it is not required to participate in the registration of the geographical indication as a collective trademark. Registered groups, associations or other organizations may also legitimately use the geographical indication, and such groups, associations or other organizations have no right to prohibit it.

Therefore, collective trademarks are transferable in our country.

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