Part 4: IP tools - Collective trade marks
Collective marks are a form of trade mark owned by a collective. The members of the collective, which can be for example an association or cooperative, can use the collective mark to distinguish their goods or services from those of non-members. The collective mark can also be used to indicate membership of the group. Collective marks are typically registered in the trade mark registry, following the trade mark registration processes. The actual owners of a collective mark do not use the mark themselves for commercial proposes, but rather, to advertise and promote the product and services of its members who sell and promote the product under the collective seal.
Only authorised persons can use the collective mark. There are usually established criteria for membership and use of the collective mark including, when dealing with OLPs, particular features and qualities of the product as well as use of the graphic character of the logo. Terms of use are defined by the collective body and are linked to membership. Use of the logo which identifies membership can be through application or automatic right of use. Members must however comply with the control methods elaborated to use the collective mark and there can be sanctions against non-compliance. Other than with individual trade marks, licenses are generally not used.
Producers can strategically use collective marks to fit their business strategy for the OLP and in cases where there is no regulatory framework for Geographical Indications. An example of how a collective mark has been successfully used in lieu of a Geographical Indication is the case of La Chamba Tolima pottery from Colombia. The rules of use of the collective mark embodies key characteristics of the pottery production process including the use of traditional know-how which has been transferred from generation to generation, and the mode of production by hand using simple tools. Producers of this pottery were able to come together to form an association to develop a system for managing production of the pottery including sustainable sourcing of raw materials from the mines, improving product design and new product development, and collective marketing linked to the certification “Hecho a mano”, which refers to handmade products. The producer group has registered this as a collective trade mark (combining words and figures).
Another example of a collective mark used by a producer group to promote the specific quality of a product, is that of ‘Turkey, The Perfect Protein’, which has been implemented by the National Turkey Federation of the United States. In this case, the association uses the mark to promote the interest of its members while the members use the trade mark on their product to distinguish this product and its qualities from those of non-members.
Main difference between collective trade marks and certification marks
The main difference is that collective trade marks may be used by particular members of the organisation which owns them, while certification marks may be used by anybody who complies with the standards defined by the owner of the particular certification mark.
Constraints to using collective marks
The opportunity to use collective marks in an OLP business strategy may not always be possible as not all countries have a legal framework and therefore do not recognise collective marks. In those countries that have legal tools to protect collective marks, requirements can differ. Some countries (e.g. China) require filing a list of members of the collective while others (e.g. Vietnam and France) require filing the governing rules of the collective. Producers may find the time procedure for filing for IP protection using the collective trade mark system can be costly in terms of registration fees and renewal fees which must be paid every 10 years.