What is a collective trademark and how to handle it
Collective trademark 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. A collective trademark is not the trademark of an individual company, but the trademark of an organization composed of multiple companies. A collective trademark can be used for goods or services. A collective trademark is jointly used by members of the organization and cannot be used by non-members of the organization and cannot be transferred. In order to adapt to the "shared" and "shared" characteristics of a collective trademark, unified rules should be formulated for its registration, use and management, which should be made public and abided by the collective members under the supervision of the public.
The collective trademark is valid for 10 years, and the exclusive right is calculated from the date of approval of registration.
There are two ways to apply for registration of a collective trademark:
1. Entrust a nationally recognized trademark agency to handle the matter.
2. Applicants should go directly to the trademark registration hall of the Trademark Office to apply.
Application documents to be submitted
1. Trademark A registration application form.
2. Documents and copies of the collective trademark applicant’s subject qualifications, or a valid copy with the applicant’s seal.
3. If a geographical indication is used as a collective trademark, the following content should be stated in the application:
(1) The specific quality, reputation or other characteristics of the goods indicated by the geographical indicationOther characteristics;
(2) The relationship between the specific quality, reputation or other characteristics of the product and the natural and human factors of the area marked by the geographical indication;
(3) The scope of the area marked by the geographical indication.
4. Management rules for the use of collective trademarks.
5. Five trademark drawings, which must be clear and have a length and width of not less than 5 cm and not greater than 10 cm. If color is specified, there will be 5 color drawings and a black and white ink drawing.
6. If the collective trademark applied for registration is a portrait of a person, a notarized declaration document from the portrait owner agreeing to register the portrait as a trademark should be attached.
Specific requirements for relevant documents
1. Application To register a collective trademark, you should indicate that it is a collective trademark in the "Trademark Type" column of the trademark registration application.
2. The applicant for collective trademark registration should be an organization, which can be an industrial or commercial group, or an association, industry or other collective organization. Rather than a single business or sole proprietor.
3. When applying for registration of a geographical indication as a collective trademark or certification mark, the attached documents proving its supervisory capabilities and geographical scope of origin shall be provided by the provincial Issued by business authorities above the provincial level (including provincial level).
4. The management rules for the use of collective trademarks should include the following: the purpose of using the collective trademark; the name, address, legal representative, etc. of the collective members using the collective trademark ; The quality of the goods designated for use by the collective mark; the procedures for using the collective mark; the rights, obligations and responsibilities of collective members for violating the rules; the registrant's inspection and supervision system for goods using the collective mark.
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