A collective mark can be any mark (e.g. word, figurative, 3D, etc.), provided that it belongs to a legal person of public law or to an association and it is used to distinguish the goods and services of the members of that association from those of other undertakings.
Under the CTM Regulation (CTMR), there are specific provisions on the protection of collective marks.
Being an indication to serve to designate geographical origin of the goods or services is not an obstacle for the registration of a collective mark. This is in contrast to an individual CTM where a geographical indication cannot be registered for being descriptive.
An applicant for a collective mark is requested to submit regulations governing its use, otherwise the application will be refused.
You can use a collective mark in order to publicise products which are characteristic of your region. Collective marks may be used together with the individual trade mark of the producer of a given good. This allows companies to differentiate their own products from those of competitors, while at the same time benefiting from the confidence of the consumers in products or services offered under the collective mark.
COUNCIL REGULATION (EC) No 40/941 of 20 December 1993 on the Community trade mark :
Article 64
A Community collective mark shall be a Community trade mark which is described as such when the mark is applied for and is capable of distinguishing the goods or services of the members of the association which is the proprietor of the mark from those of other undertakings. Associations of manufacturers, producers, suppliers of services, or traders which, under the terms of the law governing them, have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other legal acts and to sue and be sued, as well as legal persons governed by public law, may apply for Community collective marks.
An applicant for a Community collective mark must submit regulations governing its use withinthe period prescribed. The regulations governing use shall specify the persons authorized to use the mark, the conditions of membership of the association and, where they exist, the conditions of use of the mark including sanctions. The regulations governing use of a mark must authorize any person whose goods or services originate in the geographical area concerned to become a member of the association which is the proprietor of the mark.
Article 68: Use of marks
Use of a Community collective mark by any person who has authority to use it shall satisfy the requirements of this Regulation, provided that the other conditions which this Regulation imposes with regard to the use of Community trade marks are fulfilled.
Source : www.oami.europa.eu
