{"id":1664,"date":"2016-08-24T16:36:52","date_gmt":"2016-08-24T16:36:52","guid":{"rendered":"http:\/\/depot-de-marque.com\/?page_id=1664"},"modified":"2020-12-03T06:18:57","modified_gmt":"2020-12-03T05:18:57","slug":"the-collective-trademark","status":"publish","type":"page","link":"https:\/\/depot-de-marque.com\/en\/guide-marques\/la-marque-collective\/","title":{"rendered":"The collective mark"},"content":{"rendered":"

\"collective<\/a><\/p>\n

Photo: agriculture.gouv.fr<\/p>\n

THE COLLECTIVE MARK<\/strong><\/h1>\n

\u00a0<\/strong>A collective trademark - what for? <\/strong><\/h2>\n

Contrary to what its name might suggest, a collective mark is not necessarily co-owned by several people. If co-ownership of the mark is possible, it will most often be held by a single entity (an association, an interest group, a cooperative, a trade union, etc.) which will authorize its members to use the mark. <\/strong><\/p>\n

Indeed, the collective mark is primarily used to enable consumers to identify the origin of a product or service. <\/strong>geographical area, method of manufacture or any other characteristic commune <\/strong>products or services of the members of the incumbent entity. Thus, an association of Breton producers has opted for the following sign, which allows a buyer to quickly identify products created in Brittany :<\/p>\n

\"collective<\/a><\/p>\n

However, in order to have the right to use this symbol on its own products, an authorization from the entity holding the collective trademark<\/strong> is necessary. Indeed, the latter must ensure that its members comply with certain standards, which must be mentioned in the rules of use of the trademark (Art. L. 715-1 CPI).<\/p>\n

The collective marks<\/strong> are thus most often used to promote products that are characteristic of a given region. But other uses can also be envisaged: for example, SMEs brought together in an association could register a collective mark which would enable them to jointly market their products. It is to give a better visibility to their products that the National Union of Independent Brewers (SNBI) has recently registered the collective trademark \"Independent Brewer\":<\/p>\n

\"collective<\/a><\/p>\n

Furthermore, there is nothing to prevent the inclusion of a collective trademark<\/strong> and an individual brand on the same product, allowing to gain visibility, while distinguishing its product from those of its competitors. Moreover, a French collective mark can be superimposed on a Community collective mark.<\/p>\n

While collective marks are little known, there are a large number of them, which meet different requirements depending on the regime to which they are subject.<\/p>\n

The different types of collective marks<\/strong><\/h2>\n

French collective trademarks<\/strong><\/h3>\n

The Intellectual Property Code distinguishes between two types of collective marks: the so-called \"simple\" collective mark and the certification mark, which is subject to a stricter regime. <\/strong><\/p>\n