Collective mark is defined under section 2(1)(g) of the Trademarks Act, 1999 as a trademark distinguishing the goods and services of members of an association of persons from those of others. This association must not be a partnership.
Examples of collective mark are CA used by Chartered Accountant, CPA for Certified Public Accountants.
According to section 61(2) of Trademarks Act, 1999 all the provisions contained in the Trademarks Act are to be applied to the Collective marks.
Essential condition to register collective mark
There are two essential conditions for registration of the collective mark as follows:
- it should not deceive public or cause confusion among public in any manner.
- the applied mark should have some indication that it is a collective mark. If it does not have any such indication then the registrar may require that the mark for which trademark application is applied shall comprise of some indication that the applied mark is the Collective mark.
Procedure for registration of Collective Mark
- An application for registration of collective mark shall be applied in triplicate on Form TM-3 and shall be accompanied by the regulations governing the use of such collective mark.
- If it appears to the registrar that the requirement for registration are satisfied, he shall accept the application together with regulations, either conditionally or subjected to some conditions as he thinks fit
Removal of Registration of Collective Mark
The registration of collective mark may be removed from the register on the following grounds:
- Inappropriate use of the mark which has caused confusion in the mind of public or
- That the owner of the mark has failed to observe, or to secure the observance of the regulations governing the use of the mark.
Role of trademark attorney in registration of collective mark
Hiring an experienced agent or attorney for the registration of collective trademark can be beneficial in several manners:
- An agent can preliminarily advice the client in respect of whether the mark is registrable or not.
- An agent as per the requirement of the client can strategize for the registration process.
- An agent/attorney can file the application before the trademark registry.
- An agent/ attorney can further suggest the client at the time of registration process.
- An attorney can represent the client in court if there is an infringement of the mark of the client.