|
| Â Â |
| Â | Collective trade marks - Wikipedia, the free encyclopedia |
 | | Collective trade marks ( frequently referred to as collective marks) are exceptions to the underlying principle of trade marks in that most trade marks serve as "badges of origin" - they indicate the individual source of the goods or services. |  | | 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. |  | | Paris Convention also requires signatories "to accept for filing and to protect collective marks belonging to associations the existence of which is not contrary to the law of the country of origin, even if such organisations do not possess an industrial or commercial establishment." |
|
http://en.wikipedia.org/wiki/Collective_trade_mark
|
|
| Â Â |
| Â | CIPR - Uzbekistan |
 | | In the Republic of Uzbekistan, the legal protection of trademarks or service marks and collective marks (hereinafter referred to as "marks") is provided on the basis of the official registration thereof and the issue of a registration certificate, which shall be carried out according to the provisions of this Law. |  | | The affixing of the mark on products for which it is registered or on the packaging thereof by agreement under the owner of the mark of any person to whom the right to use the mark has been granted pursuant to a license Article 21 of this Law shall be deemed use of the mark. |  | | In the case of a collective mark, a list of the enterprises authorized to make use of the mark shall be recorded in the Register and entered on the collective mark certificate in addition to the particulars provided for in paragraph (1) of this Article. |
|
http://www.cipr.org/countries/uzbekistan/trademarks_law.htm
|
|
| Â Â |
| Â | The UK Patent Office - Trade Marks - Collective Marks |
 | | Trade marks law permits an entire industry or trade to protect itself by the registration of a collective mark to indicate a trade connection between goods or services bearing the mark and the association which owns the mark. |  | | A collective mark must, in the first instance, meet the acceptance requirements for "ordinary" trade marks. |  | | The association which owns the collective mark may set its own standards which its members must meet when using the mark, but, unlike the position with a certification mark, it does not have to set any such standards. |
|
http://www.patent.gov.uk/tm/howtoapply/collmark.htm
|
|
| Â Â |
| Â | Chinalaw - Procedures for the Registration and Administration of Collective Marks and Certification Marks |
 | | Collective marks and certification marks approved for registration by the Trademark Office shall be protected by law. |  | | Where the registrant of a collective mark or certification mark issues to another party a Trademark Use Permit in authorizing the party to use its mark, it may charge a certain management fee but may not do so for the purpose of making a profit. |  | | Official emblems or inspection stamps prescribed by laws and regulations of the State may not be registered as collective marks or certification marks without the approval of the relevant responsible department of the State. |
|
http://www.qis.net/chinalaw/ctmproc.htm
|
|
| Â Â |
| Â | PART III - MARKS, COLLECTIVE MARKS, TRADE NAMES AND Acts OF UNFAIR COMPETITION |
 | | The registered owner of a mark shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the mark by using, without his agreement, the mark as aforesaid or who performs acts which make it likely that infringement will occur. |  | | The Registration of a collective mark, or an application therefor, may not be the subject of a license contract. |  | | Any license contract concerning the registration of mark, or an application therefor, shall provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is use. |
|
http://www.indiaip.com/bhutan/trademarks/acts/ip1997/btpart3.htm
|
|
| Â Â |
| Â | Bohan Mathers: Trademarks: Collective Marks and Certification Marks |
 | | Collective marks and certification marks, on the other hand, are not expected to be used by the persons, businesses, or organizations who register them. |  | | The attested-to aspect of the product bearing a certification mark is set out in the public record of the mark's registration in the Trademark Office. |  | | Bohan Mathers: Trademarks: Collective Marks and Certification Marks |
|
http://www.bohanlaw.com/tmcmcm.html
|
|
| Â Â |
| Â | Collective Marks |
 | | Collective marks are usually defined as signs which distinguish the geographical origin, material, mode of manufacture or other common characteristics of goods or services of different enterprises using the collective mark. |  | | Most countries require that an application for a collective mark be accompanied by a copy of the regulations which govern the use of the collective mark. |  | | National industrial property offices will be able to provide more information on the procedures for the registration and use of collective and certification marks. |
|
http://www.ompi.org/sme/en/ip_business/collective_marks/collective_marks.htm
|
|
| Â Â |
| Â | ROYAL IPR SECURITY SERVICES (PVT) LTD................The Security For Intellectual Property |
 | | Collective mark not to be misleading as to character or significance.- (1) A collective mark shall not be registered if the public is liable to be mislead as regards the character or significance of the mark, in particular, if it is likely to be taken to be something other than a collective mark. |  | | Signs of which certification mark may consist.- In relation to a certification mark the reference in clause (xlviii) of section 2 to distinguish goods or services of one undertaking from those of other undertakings shall be construed as a reference to distinguishing goods or services which are certified from those which are not. |  | | Indication of geographical origin.- (1) Notwithstanding the provisions of clause (c) of sub-section (1) of section 14, a collective mark may be registered which consist of marks or indications which may serve, in trade, to distinguish the geographical origin of the goods or services. |
|
http://www.roydel.com/royal/trademark7.html
|
|
| Â Â |
| Â | Collective Marks |
 | | Collective marks are in the process of being added to the trademark law in India and the author encourages registration of such marks for non-profit and other associations, for example, especially where previously such groups were limited to attempting to secure the more difficult and limited Certification Mark. |  | | GIs and Certification marks and traditional trademarks can serve as source-identifiers — but GIs and Certification Marks serve to identify goods as originating in a particular territory or locality, process, etc., rather than to distinguish the specific goods and/or services of the trademark owner. |  | | Therefore, GIs and Certification marks are less valuable to the individual business owner because of the lack of specific association between the mark and the particular goods/services of the owner(s). |
|
http://www.ladas.com/Trademarks/GeographicIndications/Geogra02.html
|
|
| Â Â |
| Â | Trademark Information |
 | | Trademarks, Service marks, Certification marks and Collective marks are essentially the same thing and offer the same legal protection. |  | | The determination of what mark constitutes an immoral or scandalous mark is made by the United States Patent and Trademark Office. |  | | CERTIFICATION MARKS are the marks given by one group to certify that the goods and/or services of an unrelated group have met a certain predetermined standard. |
|
http://www.uspatlaw.com/newpage4.htm
|
|
| Â Â |
| Â | English - Act and regulation: Collective Marks |
 | | Such a mark does not grant its owner the right to forbid a third party the use of the mark or the information for professional purposes, provided the use be in conformity with good business practises. |  | | A party violating a Collective Mark and being liable to damages under the Trade Marks Act shall compensate the loss sustained by the owner of a mark or a party entitled to use it. |  | | The marks to which the present Act applies are named Collective Marks. |
|
http://www.patent.is/focal/webguard.nsf/key2/engcollective_marks.html
|
|
| Â Â |
| Â | Industrial Property Laws and Treaties No. 3/2003 (Text 3-001) |
 | | After all the requirements of this Act governing the registration of a mark have been complied with in the case of an application, the applicant is entitled, on payment of the prescribed fee, to have the mark registered under this Act. |  | | Registration of a mark may only be granted under this Act to the person who first complies with section 10 or claims the earliest priority for his application for registration under this Act. |  | | -(1) In addition to any proceedings under section 43 to have a mark declared invalid, proceedings may also be brought, in the circumstances to which this section applies, in the High Court, by application, to have a collective mark declared invalid. |
|
http://www.wipo.org/cfdiplaw/en/laws_treaties/iplt/2003/bb_3_001.htm
|
|
| Â Â |
| Â | What is a Trademark |
 | | Collective and certification marks are marks used to indicate the affiliation of enterprises using the mark or which refer to identifiable standards met by a product with which a mark is used. |  | | The difference between the certification mark and the collective mark is that the collective mark is used by a particular enterprise or members of the association while a certification mark may be used by anybody who meets the defined standards. |  | | The commonly known marks include trademarks, service marks, collective marks, certification marks and geographic indications. |
|
http://www.aripo.org/Marks.html?'))window.location='http://www.aripo.org/'
|
|
| Â Â |
| Â | AGIP - Trademarks Law of Turkey |
 | | The guarantee mark regulation shall contain provisions regarding the common characteristics of the goods and services under guarantee and supervision procedures as to the use of the mark and the penalties to be administered when necessary. |  | | Where the proprietor of the mark does not make the changes requested and alter the regulation accordingly the request for the registration of the collective mark or the guarantee mark shall be rejected. |  | | Article 56 - When filing an application for registration of a guarantee or a collective mark, a regulation specifying the ways and means of using the mark must be filed. |
|
http://www.agip.com/laws/turkey/t.htm
|
|
| Â Â |
| Â | Coxinga Indonesia Law |
 | | Registered collective marks shall not be licensed to others. |  | | In addition to the affirmation on the use of Collective Mark as referred to in paragraph (1), the application shall be accompanied by a copy of use regulation of said Mark as Collective Mark which is signed by the owners of the Mark concerned. |  | | The application for the registration of Trade Mark or Service Mark as Collective Mark shall be accepted only if the application for the registration of the Mark clearly states that the Mark will be used as Collective Mark. |
|
http://www.coxinga.com/law.php?view=Trademarks&page=21
|
|
| Â Â |
| Â | Trademarks -FAQs |
 | | Common law marks are marks which have been used for a period of time in a particular locality without formal registration. |  | | A license is a contractual arrangement whereby the owner of a mark permits others to use the mark typically under specified conditions. |  | | In order to obtain a State of California registration, you must currently be using the mark within the State of California and must have a reasonable and good faith belief that no one else has the right to use an identical or confusingly similar mark within the State. |
|
http://www.isplaw.com/trademar.htm
|
|
| Â Â |
| Â | Using Collective Marks for the Protection of Traditional Products |
 | | The Italian law establishes that the subject, that holds the function of granting the origin, the nature or the quality of certain products or services, can obtain the registration of a collective mark and allow its use to producers or dealers. |  | | Even with some specificity, this distinction is well present, for instance, in the US or UK between 8220;collective mark”; and “certification mark”;, in France between “marque collective”; and “marque collective de certification”, in Spain between “marca colectiva” and “marca de garantía”. |  | | 89/104 seems restrictive in the part stating that the geographical collective mark does not authorize its proprietor to forbid third parties the use of signs or indications that designate the geographical origin of the products when they are in conformity with the habitual uses of fairness in the industrial or commercial field. |
|
http://www.ompi.int/sme/en/documents/collective_mark.htm
|
|
| Â Â |
| Â | Section 1114. Remedies; infringement; innocent infringement by printers and publishers |
 | | (v) A domain name registrant whose domain name has been suspended, disabled, or transferred under a policy described under clause (ii)(II) may, upon notice to the mark owner, file a civil action to establish that the registration or use of the domain name by such registrant is not unlawful under this chapter. |
|
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=15&sec=1114
|
|
| Â Â |
| Â | Trademarks Act, 1999 |
 | | (1) For the purposes of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 shall be the Trade Marks Registry under this Act. |  | | (8) Where a trade mark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act. |  | | (5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark. |
|
http://www.indialawinfo.com/bareacts/TM.html
|
|
| Â Â |
| Â | [No title] |
 | | If a request for amendment of a trade mark pursuant to section 24 of the Trade Marks Act relates to a mark which does not exclusively consist of ordinary letters, an exact reproduction of the changed mark shall be enclosed. |  | | For an application for registration of a Community trade mark filed with the Patent Office a fee shall be paid for the Office’s acceptance and transmission of the application to the Harmonisation Office. |  | | (2) Where an application on international registration of a collective mark or certification mark is filed, this must expressly appear from the application. |
|
http://oami.eu.int/genhtm/mark/nl_dk_3_en.htm
|
|
| Â Â |
| Â | LLRX.com - Researching Intellectual Property Law in an International Context |
 | | The government has posted a searchable database of laws ( http://caselaw.delhi.nic.in/incodis/) and you may search for "copyright" which yields the Copyright Act of 1957, search for "patents" for Patent Act of 1970 ("patent" gets nothing), and "trade marks" yields the Trade Marks Act of 1940. |  | | Browse the Acts of Oireachtas ( http://www.irlgov.ie/ag/) using the Alphabetical Table of Statutes for the Copyrights Act 1963, Patents Acts 1964 and 1992, and Trade Marks Act 1996. |  | | UNESCO also publishes a print collection of laws and treaties: Copyright laws and treaties of the world (Paris: UNESCO; Washington, D.C.: Bureau of National Affairs 1956 updated). |
|
http://www.llrx.com/features/iplaw.htm
|
|
| Â Â |
| Â | washington vacation |
 | | Random Encyclopedia Links: Syllabary Collective marks AZ Medina, Washington Babiism Vacation Rentals Help build the largest human-edited directory... |
|
http://www.methowriverhouse.com/washington/washington%20vacation&start=50
|
|
| Â Â |
| Â | Copyright © 1993-1999 Unoverica Corporation |
 | | NetWare Express, NetWire and NetWorld are registered service marks and BrainShare, Certified Novell Administrator, Certified Novell Engineer, Certified Novell Instructor, CNA, CNE, CNI, Novell Authorized Service Center, Novell Gold Authorized Reseller, Novell Platinum Authorized Reseller, Novell Professional Developers' Program, Novell Technical Support and NSE Online are service marks of Novell, Inc. |  | | NAEC, NAEP, Novell Academic Education Partners, Novell Authorized Education Center, Novell Authorized Reseller, Novell Authorized Platinum Reseller, Technical Support Alliance and TSA are collective marks of Novell, Inc. |  | | Trademarks indicated below were derived from various sources. |
|
http://www.unoverica.com/copyright.html
|
|
| Â Â |
| Â | Collective marks Travel with Hotels and Accommodations Guide - Voyagenow |
 | | Collective marks are exceptions to the underlying principle of trade marks in that most trade marks serve as "badges of origin" - they indicate the individual source of the goods or services. |  | | Various jurisdictions have been required to amend their intellectual property legislation to provide protection for collective marks pursuant to the requirements of TRIPs. |  | | A collective mark is a type of trade mark which serves to distinguish the goods or services of members of an association which is the owner of the mark, from those of other undertakings. |
|
http://www.reservation-hotels.voyagenow.com/travel-references/en/wikipedia/c/co/collective_marks.html
|
|
| Â Â |
| Â | TMEP Section 1302, Collective Marks Generally (BitLaw) |
 | | The term 'collective mark' means a trademark or service mark-- |  | | Section 45 of the Trademark Act, 15 U.S.C. §1127, defines 'collective mark' as follows: |  | | The 'collective' itself neither sells goods nor performs services under a collective trademark or collective service mark, but the collective may advertise or otherwise promote the goods or services sold or rendered by its members under the mark. |
|
http://www.bitlaw.com/source/tmep/1302.html
|
|
| Â Â |
| Â | Collective Marks |
 | | How can collective marks, certification marks and geographical indications be useful for SMEs? |  | | Finally, they may use certification marks to certify that the product meets certain required standards thus giving consumers an indication that their product has been checked by an organization considered competent to certify the product and has met the necessary requirements. |  | | Collective marks may provide a useful basis for association between various SMEs making similar products helping them to enhance recognition and build a reputation for their products. |
|
http://www.ompi.org/sme/en/ip_business/collective_marks/index.htm
|
|
| Â Â |
| Â | Taiwan - Priority Claims for Trademarks, Service Marks and Collective Marks |
 | | Taiwan - Priority Claims for Trademarks, Service Marks and Collective Marks |  | | In our April 1995 Newsletter (N.S. 185), our November 1995 Newsletter (N.S. 186), our August 1996 Newsletter (N.S. 187) and our July 1997 Newsletter (N.S. 188), we reported the execution of agreements between Taiwan and certain countries permitting priority claims to be made in Taiwan for intellectual property rights owned by nationals of such countries. |
|
http://www.ladas.com/BULLETINS/1999/0899Bulletin/Taiwan_TMPriorityClaims.html
|
|
|