Analysis Of Similarities And Differences Between Ordinary Registration Of Trademark Registration And Collective Registration
When it comes to trademark registration, there will be a classification of trademarks in our minds. The general classification of trademarks is the general trademark registration and collective trademark registration. Although they are trademarks registration, there are still differences between them. Today, Xiaobian will join us to see the difference between them.
Collective trademarks, also known as "group trademarks", are registered in the name of groups, associations or other organizations, which are used by members of the organization in commercial activities to indicate the user's membership in the organization.
For example, the trademarks registered by various trade associations are used by the members of the association.
The role of collective trademarks is to show that the commodities or service items run by members of collective organizations using the trademark have common characteristics.
According to the provisions of article third of the trademark law, the trademark approved and registered by the business bureau is a registered trademark, which includes: commodity trademark, service trademark, collective trademark and certification trademark.
These four kinds of laws have been put into practice.
trademark
Clearly divided into four basic types of registered trademarks.
Collective organizations can apply for registered collective trademarks or apply for registration of ordinary trademarks, but the two have the following differences:
(1) collective trademarks and ordinary trademarks indicate goods or services.
operator
However, collective trademarks indicate that goods or services come from an organization, while ordinary trademarks indicate that they come from an operator.
(2) collective trademark can only be registered by a certain organization; the application of ordinary trademark can be registered by a certain organization or individual operator.
(3) a collective trademark must be submitted for use.
Management rules
It is not required to apply for an ordinary trademark.
(4) collective trademarks shall not be permitted to be used by members other than the organization; ordinary trademarks may permit the use of members other than those outside the organization.
(5) a collective trademark does not need to sign a license contract when its members are allowed to use it.
(6) collective trademarks can not be pferred; ordinary trademarks can be pferred to others.
(7) within two years after the invalidation of the collective trademark, the Trademark Office shall not approve the registration of the same or similar trademarks; the general trademark may only register the same or similar trademark with the Trademark Office for only one year.
The owners of collective trademarks may be associations formed by enterprises or other entities, including public institutions or cooperatives.
In most countries, a copy of the relevant provisions should be submitted at the same time when applying for collective trademarks, which stipulates the use of collective trademarks and does not permit the licensing of collective trademarks.
Just like trade marks, collective trademarks need to be paid for renewals.
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