2. Collective trade marks

A collective mark is a sign used, or intended to be used, in relation to goods produced or services provided in the course of trade by members of an association to distinguish those goods produced or services provided by persons who are not members of the association. This differs from a standard trade mark registration whose function is to distinguish the goods or services that originate from a single party.

The Act allows for the registration of a collective mark by including a collective mark within the definition of trade mark.¹ A collective mark is defined in the Act as:²

collective trade mark means a sign capable of –

1. being represented graphically; and
2. distinguishing the goods or services of members of the association that is the owner of the sign from those of persons who are not members of the collective association.

A collective association as owner of a registered collective mark has the same rights as those given by a standard trade mark registration, including exclusive rights to use the mark in respect of the goods or services for which it is registered.⁵ Any member of the collective association has, along with the collective association, the right to use the mark in respect of those goods or services.⁶

Use in relation to a collective mark includes use by a member of the collective association.⁷ Members of the collective association do not have the right to exclude any other members of the association from using the mark in respect of goods produced or services provided by the other members.⁸

Footnotes

¹ See the definition of ‘trade mark’ under section 5(1) of the Trade Marks Act 2002.

² Section 5(1) of the Trade Marks Act 2002.

³ See definition of ‘owner’ under section 5(1) of the Trade Marks Act 2002.

⁴ Section 15 of the Trade Marks Act 2002.

⁵ Sections 10(1)(a) and 10(2)(a) of the Trade Marks Act 2002.

⁶ Section 10(2)(a) of the Trade Marks Act 2002.

⁷ Section 7(1)(d) of the Trade Marks Act 2002.

⁸ Section 10(2)(b) of the Trade Marks Act 2002.