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Trademarks / Trademark Law / Geographical Indications |
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Collective Marks Collective
trademarks and service marks are used by members of a group or collective, with
each member applying the mark to the member's own goods or using it in
connection with the member's own services. Ownership of Collective Marks
properly lies in the parent body or other organization because of its exercise
of legitimate control over use of the mark by the members of the group.
[15]
An example of a collective mark in the United States is the American
Automobile Association, AAA.
Collective
marks are in the process of being added to the trademark law in India and the
author encourages registration of such marks for non-profit and other
associations, for example, especially where previously such groups were limited
to attempting to secure the more difficult and limited Certification Mark.
[16] GIs
and Certification Marks, it must be stressed, serve distinctly different
functions from collective and more “traditional” trademarks
although there are some apparent surface similarities. GIs and Certification
marks and traditional trademarks can serve as source-identifiers — but GIs
and Certification Marks serve to identify goods as originating in a particular
territory or locality, process, etc., rather than to distinguish the specific
goods and/or services of the trademark owner. GIs and Certification Marks, as
with traditional trademarks, serve to indicate the quality of goods, but only
GIs and Certification Marks relate only to the particular quality or reputation
of the goods attributable to a specific geographic area, or created by a
particular method of manufacture, etc. “Pure” trademarks, on the
other hand, underscore the quality of the specific goods or services of the
owner(s). Therefore, GIs and Certification marks are less valuable to the
individual business owner because of the lack of specific association between
the mark and the particular goods/services of the owner(s). Moreover, given
the additional limitations placed on securing and maintaining Certification
Marks, such marks are of the least value and importance of all to the average
business owner.
[15]
Under
United States law, “collective mark” means a trademark or
service mark used by the members of a cooperative, an association, or other
collective group or organization, or which such cooperative, association, or
other collective group or organization has a bona fide intention to use in
commerce and applies to register on the principal register established by this
Act, and includes marks indicating membership in a union, an association, or
other organization.” 15 U.S.C. §1127.
[16] See
The Trade Marks Act, 1999, Chap. VII, §§ 61-68 (regarding Collective
Marks under India’s yet to enacted trademark law).
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© Copyright 2002 Ian J. Kaufman - Posted July 2002
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