Collective Trademark | What, Why and How

According to section 2(1)(g) of the Trade Marks Act, 1999, a "collective mark" is a trademark capable of distinguishing the goods or services of members of an organisation. Associations utilize trademark registration online to associate themselves with a degree of quality or accuracy.

Associations must guarantee that particular quality requirements are met before members can use the mark. The collective trademark owner can even be a public institution or a cooperative. 

The organisation should be capable of both suing and being sued. A collective mark's principal aim is to protect consumers from deceptive conduct. A collective is any collection of people that have a common aim.

Members of the Institute of Charted Accountants, for example, use "CA," while members of the Society of Certified Public Accountants use "CPA."

Section 61 of the Trade Marks Act, 1999 defines collective trademarks in the Indian context. 

The basic objective of a collective mark is to differentiate the attributes of the goods or services offered by that organisation. 

The usual rule of a trademark is that it identifies a trademark with a specific source. However, collective marks deviate from this norm because they belong to an organisation or an association rather than a single proprietor.

 

Advantages of a Collective Trademark

A company owner, entrepreneur, or industrialist understands the value of a collective trademark. These are their names:

 

Exclusive trademark rights 

When registering a collective trademark, the business owner obtains exclusive rights to use the trademark. As a result, the owner has the right to use the collective mark for all products manufactured by his/her company or services performed, as specified in the trademark application. 

As a result, the business owner has sole ownership of the trademark, preventing others from using it. If it is used, the owner has the right to prosecute anyone who does so.

 

Increases reputation and goodwill

A product trademark contributes to the brand's reputation and goodwill. This will help customers identify products more accurately and build confidence. As a result, a devoted group of customers will always choose products from a single brand for regular use.

 

Products that are one-of-a-kind

In terms of competition, a good service mark registration can help to distinguish service and promote it further. The trademark will symbolise the brand's vision or quality, which will assist associate the firm with it.

 

Determines Value

Another advantage of trademarking a product is that it aids in the identification of the value given by the product. As a result, the brand becomes an extension of that identity, motivating customers to associate the same value and attracting new customers or clients. They will be able to identify the product's quality based on its trademark.

 

Intellectual Property Rights

A trademark functions fundamentally as a product brand name registration, making it an intellectual property for the company. Trademark rights can be sold, assigned, franchised, or economically contracted. As a result, the trademark becomes an asset for the company, providing an added value to its association.

 

Symbol of the Product

A registered trademark may use the symbol on its logo to signify that it is a registered trademark and that no one else may use any of its symbols. It is inclusive of its various uses as well as rights. If someone copies the design, logo, or emblem, the company may sue that individual.

 

Protection from infringement

Through the registration of a product brand name, the trademark acquires an exclusive right for the business owner in terms of utilisation. As a result, competitors or people cannot use the trademark or logo without the business owner's permission. Having a product registered helps to protect against logo infringement.

 

Validity

Registered trademarks have a 10-year validity period and can be renewed indefinitely. It is inexpensive and allows the company to establish and retain a distinct brand.

 

Collective international mark Registration

To acquire a TM on a product in a foreign country, the trademark must be applied for in that firm. As a result, the trade mark applied for in India can be used as a basis for filing in other countries. It together with the goodwill generated in India, will be utilised as a foundation when applying for a trademark in other countries.

 

Attract Influential Individuals

A strong brand will aid in attracting skilled individuals or celebrities to serve as brand ambassadors. These individuals will help to improve the brand's image and business.

The benefits of trademark registration outweigh the cost of registration. Its value may not be defined in financial terms at this time, but the market turnout provided by the registered brand plays an important part in corporate development. Thus, file an application for Trademark Registration on most on the dot before someone else does.

 

Trademark Registration Process

 

Step 1: Conduct a Trademark Search

Even if you have a distinct brand name in mind, it is a good idea to conduct a trademark check to ensure that the name is not already in use. The goal is to avoid trademark violations and lawsuits. 

A thorough trademark search aids in determining where a brand or trademark stands, its popularity, and its value.

 

Step 2: Apply for a Trademark in India

Once you've confirmed that the brand name you've chosen is not already registered with the Trademark Registry India, you can file a trademark application at any of the trademark offices in Chennai, Delhi, Mumbai, Kolkata, or online at the Trademark Registry website. A receipt is supplied for future use. The application's status can then be viewed online.

 

Step 3: Examine the Trademark

After filing a trademark application, the examiner reviews it for errors, which might take anywhere from 12 to 18 months. Only after the examiner's unconditional approval is the trademark published in the Trademark Journal. If the examiner believes there are complaints to be raised or requirements that must be met before publishing, the conditions or objections will be mentioned in the examination report. The applicant will be given a month to meet these criteria or reply to any objections. The trademark is then published in the Trademark Journal.

 

Step 4: TM on products

This stage occurs throughout the registration procedure and before the registration process. It is for individuals who wish to object to the trademark's registration, which must be done within 3-4 months of the trademark's publication in the journal. A hearing is scheduled, during which the registrar will hear the objection and decide whether to approve or reject the trademark registration. However, if there are no objections within 3-4 months of the trademark being published in the journal, the trademark is registered.

 

Step 5: Certificate of Registration

After the trademark registration online, the applicant receives a registration certificate bearing the Trademark Office seal.