1. Introduction

Collective trade marks (collective marks) indicate the commercial origin of goods or services just as standard trade marks do, but as collective marks they indicate origin in members of an association rather than origin in one party. The Trade Marks Act 2002 (the Act) allows for the registration of a collective mark by including a collective mark within the definition of trade mark.

Sections 7(1)(d) and 10(2) of the Act provide for additional rights that attach to registered collective marks.

Section 15 of the Act provides additional provisions that relate to the registrability of collective marks.

Sections 101 and 107 of the Act provide for additional infringement rights and damages.

Regulation 59 of the Trade Mark Regulations 2003 (the Regulations) sets out the application requirements for collective marks.