The Trade Marls Act 1999 has made
special provisions
for the registration of collective marks. “Collective mark”
is defined to mean a trade mark distinguishing the goods or services
of members of an association of persons (not being a partnership
within the meaning of Indian Partnership Act, 1932) which is the
proprietor of the mark from those of others”.
Thus, to be registrable, the collective
mark must be
capable of being represented graphically and meet other
requirements as are applicable to registration of trade marks in
India in general.
While examining such application, the
Examiner must
keep in mind that:
(1) The collective mark is owned by an
association
of persons not being a partnership.
(2) The collective marks belong to a group and its use thereof is reserved for members of the group.
(3) The association may not use itself
the
collective mark but it ensures compliance of certain quality
standards by its members who may use the collective mark.
(4) The primary function of a
collective mark is to
indicate a trade connection with the association or organisation who
is the proprietor of the mark.
An application for registration as
collective mark
should be made on form TM-3. Wherever appropriate form TM-66, 64 or
TM-67 will be used. The draft regulations governing the use of the
collective mark is to be submitted with the application on form
TM-49. It shall include –
(a) The name and object of association.
(b) The persons authorised to use the
mark and the
nature of control the applicant would exercise over the use.
(c) The condition of membership of association.
(d) Conditions of use of the mark.
(e) Sanctions against misuse.
(f) Procedure for dealing with appeals against the use of collective marks.
The Rules 127 to 133 of the Trade Marks
Rules, 2002
make special provision in this context. It is expressly provided that
provisions of the Trade Marks Act will apply to collective marks
subject to the special provisions contained in Chapter 8.
Accordingly, the examination of an application for registration of
collective mark will also be subject to the same standards as
applicable to registration of trade mark in general subject to the
additional requirements to scrutinise the draft regulations governing
use of the collective mark and statement of case filed under rule
129.
In the case of acceptance of the
application subject
to conditions or limitations the provisions of rule 38(4), 39, 40, 41
and 42 will be applicable.
