As a mark of goods or services**, a trademark plays an important role in commercial activities. However, trademarks are not generalized, and there is a clear distinction between collective marks and ordinary marks. These differences are reflected in the ownership of trademarks, the application and registration process, the rules for the management of use, the transfer and the handling of invalidation.
A collective mark is registered in the name of a team, association or other organization to indicate that goods or services originate from a particular organization. In contrast, an ordinary trademark is an individual identification that indicates that the goods or services come from a certain operator, and can be applied for by an organization or individual operator.
When applying for collective trademark registration, the applicant must submit the use management rules to clearly regulate the scope and conditions of use of the trademark. However, there is no need to submit similar rules for the management of use when applying for an ordinary trademark. In addition, an application for a collective mark must be filed by an organization, while an ordinary trademark can be filed by an organization or an individual operator.
The use of collective marks is subject to strict management rules and needs to be complied with by collective members under public supervision to ensure the fair use of the mark and the maintenance of brand image. However, ordinary trademarks do not have this requirement, and the management of trademark use is the responsibility of the trademark owner.
Collective marks generally cannot be transferred to another person, and the right to use them is limited to the members of the class designated at the time of registration. Ordinary trademarks, on the other hand, can be transferred to others in accordance with the law to realize the circulation and realization of trademark rights.
Within two years after the expiration of a collective mark, the Trademark Office may not approve the registration of a trademark that is identical or similar to it, in order to protect consumers and market order. However, the processing period after the expiration of ordinary trademarks is one year.
To sum up, there are significant differences between collective trademarks and ordinary trademarks in terms of ownership, application and registration procedures, usage management rules, assignment and post-lapse treatment. These differences not only reflect the diversity of the trademark system, but also reflect the different needs and strategies of different types of trademarks in maintaining brand image and protecting consumer rights and interests. It is important for trademark applicants to understand and choose the type of trademark that is appropriate for their situation.
Collective Marks