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Legal Definitions - collective trademark
Definition of collective trademark
A collective trademark is a special type of trademark used by members of an association, organization, or other collective group to indicate their membership in that group. Unlike a standard trademark, which identifies the goods or services of a single company, a collective trademark signifies that the user belongs to the collective entity that owns the mark and often adheres to its established standards or rules. The association itself owns and controls the use of the collective trademark, setting the conditions under which its members may display it.
Here are some examples to illustrate how collective trademarks work:
Professional Designation: Consider the designation "CPA" for Certified Public Accountant. The American Institute of Certified Public Accountants (AICPA) owns this collective trademark. Only individuals who have met specific educational, examination, and experience requirements, and who maintain their membership and adhere to the professional standards set by the AICPA, are authorized to use the "CPA" designation after their name. This mark informs clients that the accountant is a member of a recognized professional body and adheres to its rigorous standards.
Trade Union Affiliation: Many trade unions, such as the International Brotherhood of Electrical Workers (IBEW), own their logos and names as collective trademarks. An electrical contractor or an individual electrician who is a member in good standing of the IBEW is permitted to display the union's logo on their vehicles, uniforms, or business cards. This use signals to potential clients or employers that they are part of a recognized union, often implying adherence to specific training standards, safety protocols, or collective bargaining agreements.
Industry Association Membership: Imagine a regional association like the "Pacific Northwest Cheese Makers Guild." This guild might own a distinctive logo or name as a collective trademark. Artisan cheese makers who are members of this guild, meet its criteria (e.g., using local ingredients, adhering to traditional methods, paying membership dues), are authorized to display this logo on their cheese packaging, marketing materials, or dairy signs. This mark indicates to consumers that the cheese maker is a recognized member of the regional industry group, often implying a commitment to local production and quality standards set by the association.
Simple Definition
A collective trademark is a symbol or word used by members of an association, cooperative, or other collective group. Its purpose is to indicate that the user is a member of that organization and adheres to the standards or characteristics set by the group.