Collective mark under the Trademark Act: All you need to Know

Introduction 

A collective mark is a type of trademark that identifies the source of goods or services that come from members of a group, such as a cooperative, association, or other collective organization. Under the Trademark Act, 1999 a collective mark is a symbol, design, or other distinctive sign that is used by members of the collective organization to identify their goods or services as originating from the collective group, rather than from individual members. This article includes information on collective trademark benefits, purpose, and process of Collective Mark under the Trademark Act, 1999.

Meaning of Collective Mark under the Trademark Act, 1999

A collective mark is an effective collective mark or service mark that can be used for business by an association or group to indicate their affiliation with the brand. Collective marks must meet industry specifications and compliance standards before they can be used. It also aids in indicating the product or service’s quality. A collective mark’s primary function is to distinguish the characteristics of the goods or services offered by a brand or business.

Purpose of Collective Trademark 

Collective marks are distinguishable under Indian trademark law because they serve a specific purpose. The collective trademark’s primary goals are to:

• Inform the public about a specific aspect of an organization, its members, and the services and goods they provide that are associated with the mark.
• You can tell the difference between organizations by comparing the quality of their products, and services, if any.

Important aspects to bear in mind when applying for a collective mark

While applying for registration of Collective Marks under Chapter 8 of the Trademarks Act,1999, the following considerations must be made:

• According to the Trade Marks Act, 1999, any mark capable of creating confusion in the minds of the general public regarding the source of the product or service shall not be accepted when applying for registration of a Collective Mark. As a result, the applied-for mark should demonstrate its individual distinctiveness, allowing the general public to identify the association of people via the respective mark.
• It should be noted that the mark sought should be distinct and not cause confusion. The mark should also indicate that it is associated with an organization.
• Every application for the registration of Collective Marks should specify who has the right to use that mark.
• Important details such as Applicant name (name of an association of people) along with their address, Address, the objective with which the association was formed, the nature of the mark, the condition of the membership, etc., or any such information as the Registrar may deem necessary along with requisite documents must be attached when applying for a trademark application for Collective Mark.

4 Benefits of Collective Trademark

The benefits of Collective Trademark are as follows:

1. 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 trust. As a result, a loyal group of customers will always choose products from a single brand for regular use.

2. Determines Value

Another benefit of trademarking a product is that it aids in the identification of the value provided by the product. As a result, the brand becomes an extension of that identity, prompting 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.

3. Help in identifying products that are unique

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

4. A unique product symbol

A registered trademark may use the symbol on its logo to communicate 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 symbol, the company may sue that person.

Documents required for Collective Trademark in India

• If the applicant is a person, documents proving the applicant’s name, address, and nationality must be provided. Documents supporting the applicant’s country or state of incorporation, including the complete address, if the applicant is a company. Documents supporting all partners are required if it is a partnership.
• If a trademark application was previously filed in another country, it can be used to apply in India by providing information such as the application number, filing date, country, and goods/services. A certified priority document or a notarized copy of the same must be submitted to the Trade Marks Office within two months of the application’s filing. If the document is not in English, a notarized English translation is required.
• Indicate whether the applicant is an individual, a partnership, or a corporation.
• If the trademark has already been in use, proof of that use, as well as the date, must be provided. Along with the application, an affidavit attesting to its use must be filed.
• The soft copy of the to-be-registered trademark.
• An authorization document signed by the authorized signatory or the applicant and bearing the name and designation.

Process of Collective Trademark in India

Here is the process for registering a collective trademark under the Trademark Act of 1999:

1. Trademark Search

Even if you have a distinct brand name in mind, it is a good idea to conduct a trademark search to ensure that the name is not already in use. The goal is to avoid trademark infringement and litigation. A thorough trademark search can help determine where a brand or trademark stands, as well as its popularity and value.

2. Trademark Application Filing

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

3. Trademark Examination

After filing a trademark application, the examiner reviews it for errors, which can 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 objections to be raised or conditions that must be met before publication, the conditions or objections will be mentioned in the examination report. The applicant will be given a month to meet these conditions or respond to any objections. The trademark is then published in the Trademark Journal. If the response is not accepted, the applicant may request a hearing at which time he or she may respond to and clarify the objections raised, after which the examiner may accept the application and publish the trademark in the Trademark Journal. 

4. TM symbol applies to the Product

This step occurs during the registration procedure and prior to the registration process. It is for those 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.

5. Collective Trademark Registration Certificate

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

Conclusion

Collective trademarks are an effective tool for promoting products that are unique to a particular region. A collective mark improves product marketing and cooperation among local producers. Collective trademarks are created when products of a specific geographic origin have a historical, cultural, or social association with that location. As a result, the collective trademark is one of the essential tools for a company’s growth and the process of a collective trademark is easy and simple.