Question 2: What is the difference between a collective trademark and an ordinary trademark? Collective organizations can apply for registration, but there are the following differences between them:
(1) Both collective trademarks and ordinary trademarks indicate the operators of goods or services, but collective trademarks indicate that goods or services come from an organization; A common trademark indicates that it comes from a certain operator.
(2) A collective trademark can only be registered by one organization; Ordinary trademarks can be registered by organizations or individual operators.
(3) To apply for a collective trademark, you must submit the use management rules; There is no such requirement for applying for a common trademark.
(4) Collective trademarks cannot be used by members outside the organization; Ordinary trademarks can be licensed to members outside the organization.
(5) When a collective trademark is licensed to its members, there is no need to sign a licensing contract; When a common trademark is licensed to others, a license contract must be signed.
(6) Collective trademarks are not transferable; Ordinary trademarks can be transferred to others.
(seven) the Trademark Office shall not approve the same or similar collective trademark within two years after the collective trademark is invalid; For ordinary trademarks, it only takes one year for the Trademark Office to approve the registration of identical or similar trademarks.
Question 3: Name four collective trademarks in China and introduce the basic situation of these collective trademarks respectively. Please score 10 for the collective trademark "China Industrial Cleaning Association and Graphics" applied by China Industrial Cleaning Association.
The World Federation of Chinese Medicine Societies applied for the collective trademark "World Alliance"
The collective trademark "Shitang Road" applied by Beijing Shitang Road Rural Folk Tourism Professional Cooperative.
The collective trademark "Xinhua Bookstore" applied by China Xinhua Bookstore Association.
What is the basic situation? All collective trademarks are applied in the name of the organization and licensed to the subordinate units of the organization.
Question 4: What are the famous collective trademarks (1)? Both collective trademarks and ordinary trademarks indicate the operators of goods or services, but collective trademarks indicate that goods or services come from an organization; A common trademark indicates that it comes from a certain operator.
(2) A collective trademark can only be registered by one organization; Ordinary trademarks can be registered by organizations or individual operators.
(3) To apply for a collective trademark, you must submit the use management rules; There is no such requirement for applying for a common trademark.
(4) Collective trademarks cannot be used by members outside the organization; Ordinary trademarks can be licensed to members outside the organization.
(5) When a collective trademark is licensed to its members, there is no need to sign a licensing contract; When a common trademark is licensed to others, a license contract must be signed.
(6) Collective trademarks are not transferable; Ordinary trademarks can be transferred to others.
(7) within two years after the collective trademark expires, the Trademark Office shall not approve the registration of the same or similar trademark; For ordinary trademarks, it only takes one year for the Trademark Office to approve the registration of identical or similar trademarks.
(1) According to Article 3 of the Trademark Law and Article 2 of the Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks (1998+02), the main qualifications of domestic trademark registration applicants applying for collective trademarks are:
Question 5: Which well-known collective trademarks have been successfully registered? I once searched and found a collective trademark Zhenjiang balsamic vinegar.
Question 6: What are the application conditions for collective trademarks? A collective trademark refers to a sign registered in the name of a group, association or other organization and used exclusively by the members of the organization in commercial activities to show the user's membership in the organization. In some countries, it is also possible that federations of some enterprises are registered as representatives, and sometimes the * * * organs leading these enterprises are registered on their behalf. The function of a collective trademark is to show users that the enterprises that use the trademark have the same characteristics. Enterprises that use collective trademarks have the right to use other special trademarks at the same time. China, the United States, most western civil law countries, some eastern European countries and some developing countries all have provisions to give collective trademark registration protection.
qualifications
According to Article 3 of the Trademark Law and Article 2 of the Administrative Measures for the Registration of Collective Trademarks and Certification Trademarks (revised for the first time in June 1998), the main qualification scope of domestic trademark registration applicants applying for collective trademarks is "industrial and commercial organizations, associations or other collective organizations".
situation
The following conditions shall be met:
First, it must be a legally registered enterprise or institution with legal personality. An enterprise or institution should be an organization, which can be an industrial and commercial group, association, industry or other collective organization, rather than a single enterprise or individual operator;
B, there must be a certificate of the applicant's subject qualification issued by the local administrative department for industry and commerce, that is, the legal document that the applicant is registered in accordance with the law and has the legal person qualification, which can be the business license of the enterprise or the approval document of the institution or mass organization registered in accordance with the law;
C. rules for the use and management of collective trademarks must be formulated.
path
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
step
Inquire before application (optional procedure) → prepare the application documents → submit the application documents in the acceptance window of the trademark registration hall → enter the receipt barcode in the coding window → pay the trademark registration fee in the payment window → the Trademark Office will issue an acceptance notice in about three months → make corrections to the trademark registration application (optional procedure).
Question 7: What does a collective trademark mean? A collective trademark refers to a sign registered in the name of a group, association or other organization and used exclusively by the members of the organization in commercial activities to show the user's membership in the organization. In some countries, it is also possible that federations of some enterprises are registered as representatives, and sometimes the * * * organs leading these enterprises are registered on their behalf. The function of a collective trademark is to show users that the enterprises that use the trademark have the same characteristics. Enterprises that use collective trademarks have the right to use other special trademarks at the same time. China, the United States, most western civil law countries, some eastern European countries and some developing countries all have provisions to give collective trademark registration protection.
Question 8: What is the difference between a collective trademark and a certification trademark?
A collective trademark refers to a sign registered in the name of a group, association or other organization and used exclusively by the members of the organization in commercial activities to show the user's membership in the organization.
A trademark controlled by an organization that has the ability to detect and supervise goods or services, but used by people outside it to prove the origin, raw materials, manufacturing methods, quality, accuracy or other specific qualities of the goods or services.
The difference between the two:
(1) Both are trademarks used by multiple manufacturers or service providers.
(2) A collective trademark indicates that the goods or services come from the same organization; A certification trademark indicates that the quality of a commodity or service reaches the specified quality.
(3) The applicant for a collective trademark must be an organization with legal personality established according to law; However, the applicant who certifies the trademark must also have the ability to detect and supervise the specific quality of the goods or services.
(4) collective trademarks can be used by all members of the collective, and members outside the organization may not use them; The certification mark should show its openness, and all goods or services that meet the specific quality stipulated in the management rules can be required to use the certification mark.
(5) The registrant of a collective trademark may use the collective trademark on the goods or services it deals in; The registrant of a certification trademark shall not use the certification trademark on the goods or services it deals in.
(6) A collective trademark may not be transferred after registration; The certification trademark can be transferred to other legally established organizations with legal person qualification and inspection and supervision ability.
I hope I can help you adopt it.
Question 9: What is a collective trademark? In some countries, it is also possible that federations of some enterprises are registered as representatives, and sometimes the * * * organs leading these enterprises are registered on their behalf. The function of a collective trademark is to show users that the enterprises that use the trademark have the same characteristics. Enterprises that use collective trademarks are
Question 10: What are the requirements for registering a collective trademark? Refers to a trademark registered in the name of a group, association or other organization, which is used by the members of the organization in their business activities to show the membership of the user.
(1) A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a community organization composed of multiple natural persons, legal persons or other organizations, indicating that the goods or services come from a collective organization, which can be a specific guild, chamber of commerce and other industrial and commercial organizations or other collective organizations, and the providers of specific goods or services retreat behind the collective as members. It embodies the characteristics of "* *" and "* * *";
(2) Collective trademarks are embodied in the use of trademarks, which shows that collective organizations usually do not use collective trademarks, but are used by members of the organization; Non-members of the organization cannot use it; Every member has the right of equal use, and there is no subordinate relationship between members; At the same time, it is necessary to supervise the use of its collective members and deal with members who violate the rules of use;
③ The ownership and use right of the collective trademark shall not be transferred;
(4) When a collective trademark is infringed, it shall include the losses suffered by the members of the collective organization;
⑤ When members quit the collective, they can no longer use the collective trademark. When new members join, they can use collective trademarks because they have obtained membership. This membership relationship is non-transferable, and so is the right to use a trademark based on this identity relationship.