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Collective marks are marks which distinguish the goods or services of the members of the association which is the proprietor of the mark. An association of vegetarian restaurants might allow its members to display a collective mark to show that they are members: other trade associations may do likewise, allowing members to advertise the fact that they subscribe to a code of practice such as that for the motor industry. There are detailed provisions governing collective marks in schedule 1 to the Act. There was no similar provision in the 1938 Act. Section 49 brings UK law into line with most Continental systems. Protection of collective marks is required under Article 15 of the directive. Collective marks may be, and frequently are, used with other trademarks. In addition to the collective mark, the trader will operate under its own trademark which identifies its goods or services. Since collective marks do not distinguish the goods or services of the proprietor from those of others, a modified definition of such a mark is required. Paragraph 2 of schedule 1 provides that a collective mark distinguishes the goods or services of members of the association from those of other undertakings. Collective marks which designate the geographical origin of the goods or services may be registered. This is, of course, a significant departure from the normal rule of trademarks: but given the peculiar function of a collective mark, it is appropriate. The proprietor of a collective mark may not prohibit the use of geographical signs or indications ‘in accordance with honest practices in industrial or commercial matters’. A manufacturer cannot be prevented from saying that his goods are made in a particular place just because that place happens to be a registered collective trademark. Certification marks
DOI link for Collective marks are marks which distinguish the goods or services of the members of the association which is the proprietor of the mark. An association of vegetarian restaurants might allow its members to display a collective mark to show that they are members: other trade associations may do likewise, allowing members to advertise the fact that they subscribe to a code of practice such as that for the motor industry. There are detailed provisions governing collective marks in schedule 1 to the Act. There was no similar provision in the 1938 Act. Section 49 brings UK law into line with most Continental systems. Protection of collective marks is required under Article 15 of the directive. Collective marks may be, and frequently are, used with other trademarks. In addition to the collective mark, the trader will operate under its own trademark which identifies its goods or services. Since collective marks do not distinguish the goods or services of the proprietor from those of others, a modified definition of such a mark is required. Paragraph 2 of schedule 1 provides that a collective mark distinguishes the goods or services of members of the association from those of other undertakings. Collective marks which designate the geographical origin of the goods or services may be registered. This is, of course, a significant departure from the normal rule of trademarks: but given the peculiar function of a collective mark, it is appropriate. The proprietor of a collective mark may not prohibit the use of geographical signs or indications ‘in accordance with honest practices in industrial or commercial matters’. A manufacturer cannot be prevented from saying that his goods are made in a particular place just because that place happens to be a registered collective trademark. Certification marks
Collective marks are marks which distinguish the goods or services of the members of the association which is the proprietor of the mark. An association of vegetarian restaurants might allow its members to display a collective mark to show that they are members: other trade associations may do likewise, allowing members to advertise the fact that they subscribe to a code of practice such as that for the motor industry. There are detailed provisions governing collective marks in schedule 1 to the Act. There was no similar provision in the 1938 Act. Section 49 brings UK law into line with most Continental systems. Protection of collective marks is required under Article 15 of the directive. Collective marks may be, and frequently are, used with other trademarks. In addition to the collective mark, the trader will operate under its own trademark which identifies its goods or services. Since collective marks do not distinguish the goods or services of the proprietor from those of others, a modified definition of such a mark is required. Paragraph 2 of schedule 1 provides that a collective mark distinguishes the goods or services of members of the association from those of other undertakings. Collective marks which designate the geographical origin of the goods or services may be registered. This is, of course, a significant departure from the normal rule of trademarks: but given the peculiar function of a collective mark, it is appropriate. The proprietor of a collective mark may not prohibit the use of geographical signs or indications ‘in accordance with honest practices in industrial or commercial matters’. A manufacturer cannot be prevented from saying that his goods are made in a particular place just because that place happens to be a registered collective trademark. Certification marks
ABSTRACT
Collective marks are marks which distinguish the goods or services of the members of the association which is the proprietor of the mark. An association of vegetarian restaurants might allow its members to display a collective mark to show that they are members: other trade associations may do likewise, allowing members to advertise the fact that they subscribe to a code of practice such as that for the motor industry.
