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5.3.1 Additional distinctiveness considerations
Up one level
When considering eligibility under section 18 of the Act, the Examiner should take into account section 15 of the Act and the definition of a collective mark under section 5 (1) of the Act.
In particular, the Examiner should assess the distinctiveness requirement set out in section 18(1)(b) of the Act by keeping in mind the nature of the collective mark association, in that the mark must be capable of distinguishing the goods and services from a member of a collective association from those of a non-member, as opposed to the goods and services of a single party.
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