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10.1 Licensees
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The Act does not allow for the registration of licensees in respect of collective marks. The definition of trade mark in the Act specifically excludes the licensee provisions from collective marks.32
Therefore, the right to use a collective mark is limited to members of the association and the owner of the mark. A third party who is not a member of the association does not have any right to use the mark, regardless of the quality or characteristics of the goods or services which it supplies.
Footnote
32 Section 5(1) of the Trade Marks Act 2002.
