Collective Mark under Trade Marks Act, 1999
It means a trade mark distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.
Special provisions for collective marks (Section 61)
In relation to a collective mark, distinguishing the goods or services of association of person, proprietor of the mark, from those of others. Its same like distinguishing the goods or services of one person from those of others.
Collective mark not be misleading to character or significance (section 62)
A collective mark likely to create confusion or deceive the purpose from the side of public, shall not registered. If its taken or interpreted wrongly other than collective mark. Then in such case, the registrar may require some indications in the application made of collective mark.
Application to accompanied by regulations governing use of collective marks (section 63)
The regulations governing the use of collective marks shall attached to the application made for the registration of a collective mark. These regulations states the persons authorized to use the collective mark, the conditions of the mark. It shall also include any sanctions against misuse and such other matters relating to collective marks.
Acceptance of application and regulations by Registrar (section 64)
To the satisfaction of registrar, the requirement of the registration has followed by the applicant. He shall accept the application together with regulations so attached to the application. Whether the regulation are unconditional or subject to the conditions. It also includes the amendments in the regulation so made. If he thinks fit, accept or refuse to accept it. If accepted shall notify the regulations.
Regulations open for inspection (section 65)
The regulations so attached to the application, shall kept open for inspection. Anybody from the public can inspect the said regulation which attached to the application. These regulations inspection done in interest of public at large. So that they can known about the regulations of collective marks. Example who can use the collective mark, conditions attached to collective mark etc.
Amendment of regulations (section 66)
Any amendment of regulations shall not put to effect unless the amended regulations filed with the registrar. The registrar shall also accept it and publish it as given in section 64. Publication of regulation treated as important point as the public can inspect it as given in section 65.
Infringement proceedings by registered proprietor of collective mark (section 67)
If a suit for infringement instituted by the registered user of a collective mark as plaintiff the court shall take into account
- any loss suffered or
- likely to suffer or
- likely to suffer by authorized users.
may also give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorized users.
Additional grounds for removal of registration of collective mark (section 68)
The registration of a collective mark may also removed from the register on the ground.-
(a) that the manner in which the collective mark has also used by the proprietor or authorized user has caused it to become liable to mislead the public as a collective mark, or
(b) that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark