ADVANCE COURSE ON TRADEMARK LAW

Research project

On

A BRIEF STUDY COLLECTIVE TRADEMARK

Preparatory Draft

- H. Mohamed Abdul Raaziq

BC0150015

Synopsis:

Collective marks are usually defined as signs which distinguish the geographical origin,
material, and mode of manufacture or other common characteristics of goods or services of
different enterprises using the collective mark. The owner may be either an association of such
enterprises who are members or any other entity. In other words, a collective Trade Mark or
collective mark is a Trade Mark owned by an organization or an association, used by its
members to identify themselves with a level of quality or accuracy, geographical origin, or other
characteristics set by the organization. The main feature of a collective mark is that it is used as
an indication to the relevant public that goods or services originate from a member of a particular
association. It is therefore a sign of membership.

The essential features of collective marks include:

 It distinguishes the goods or services of members of an association of the persons.

 Such persons shall not include the partners
 They shall only be the proprietor of the mark.

This paper deals with collective marks – what they are, how they differ from ordinary trade
marks and how they would be examined and processed during the Registration.
Research Objective:

 to know about the collective trademarks and how does it differs from other ordinary
marks
 to know the position of collective marks in foreign countries
 to know the registration process of these collective mark and their usage without any
confusion

Research Questions

1. How a mark does is to be considered as a collective mark?

2. How are these collective marks are been registered and how does they work without any
confusions and problems?

Tentative Chapterisation:

 INTRODUCTION
 LEGISLATION ON COLLECTIVE MARKS
 COLLECTIVE MARKS AND ORDINARY MARKS
 IDENTIFICATION OF COLLECTIVE MARKS
 PROCESS OF REGISTRATION
 INTERNATIONAL TREATIES AND GOVERNANCE OVER COLLECTIVE MARK
 CONCLUSION
 BIBILOGRAPHY

Articles reffered

 “The Collective Trademark: Invitation to Abuse.” The Yale Law Journal, vol. 68, no. 3,
1959, pp. 528–541. JSTOR, www.jstor.org/stable/794461. Accessed 28 June 2020.
  Srivastava, Suresh C. “Geographical Indications and Legal Framework in
India.” Economic and Political Weekly, vol. 38, no. 38, 2003, pp. 4022–4033. JSTOR,
www.jstor.org/stable/4414050. Accessed 28 June 2020.
 Law desk India “Collective and Certification Trademark – Perspective of Indian
Trademark Laws” HG.org https://www.hg.org/legal-articles/collective-and-certification-
trademark-perspective-of-indian-trademark-laws-37486

Litereture Review:

 “The Collective Trademark: Invitation to Abuse.” The Yale Law Journal, in this article
the author explains about the collective trademark and how it is been made a way for
abuse
 Srivastava, Suresh C. “Geographical Indications and Legal Framework in India.”  in this
article the author explains about the geographical indications and how it is been
regulaised in India

Cases reffered:

1. ITC ltd. vs. Nestle ltd.

2. Sun pharma laboratories vs lupin ltd. and Anr.