Collective Trademark: The Pathway to Brand Recognition and Growth

A Collective Trademark is a type of Trademark that is used by a group of companies. This Trademark is a powerful tool for a business or organisation that wants to establish a strong brand identity and distinguish itself from others in the commercial place.

Collective Trademarks give a pathway to brand recognition and growth. Collective Trademarks also gain the consumer's trust and goodwill from being part of the association. It also aids businesses that are seeking to achieve brand recognition.

In India, section 63 of “Trademark Act, 1999”, defines the Collective mark. As per this act, “Collective Mark is a mark that is used by a group of companies or associations”, that distinguishes the particular work from other competitors. This section also mentions that nobody can use the Collective mark without the permission of the association, that person has to be part of the association otherwise it will be liable for infringement.

The owner of a Collective mark could be an association, public institution or cooperative that shares common characteristics. The member of the association of Collective Trademarks is responsible for ensuring compliance with the same standard which are fixed by the members of the association.

“Darjeeling tea”, Kanchipuram silk saree, Reliance communication, and TATA sons are some examples of the Collective Trademark. This mark gives a unique and strong brand reputation, and consumers can choose the qualitative product.

There are several advantages of Collective mark that can be clear below-given points:

1. Brand Recognition:: Collective Trademark aids in brand recognition. A Collective Trademark gives a chance for many businesses to come together under a particular brand and stand out in the marketplace. It also aids in enhancing the brand reach for all the members of the association which helps in sales and profit. Collective Trademark works to build trust among consumers that help to make goodwill for the association.
2. Competitive Advantages:Collective Mark gives many competitive advantages to the members of the Collective organisation. All members are getting the benefit of the goodwill of the brand and influence the business at different positions in the marketplace.Additionally, Collective Trademarks already have their identity at the marketplace which makes them special at the commercial level, and makes higher chances of business expansion.
3. Quality Control:Collective Trademark has control of quality over the work of the association. The members of the association have to maintain the standard quality of the work that is made by members of the association. This standard can be anything, such as - labelling, packing, quality of the product or advertising. If any member of the association does not follow this standard quality of the brand and harms the reputation of the brand, that person has to pay penalties. These penalties could be anything like - suspension from the association or that person can pay the fine too.
4. Geographical Indication:Trademark Registration is a long process. It can take 6 months to 24 months from applying the trademark to register. If the applicant conducts a TM search before registration it makes a higher probability of being selected or registering as soon as possible.
5. Marketing Opportunity: Any type of geographical indication such as place name (Assam, Kerala, Darjeeling, etc) can be registered in Collective Mark. It indicates the specific product of a specific region that has a high diamond in the market. This type of indication gives a gist to the consumers about product loyalty and creates a great impact on their minds. On the other hand, this type of geographical indication can’t be registered as a Trademark.

Collective Trademark is not valuable for the traders only they have many advantages for the consumers also. The consumers’ advantages include - quality assurance of the work or product, Trustworthiness, they get an easy indication and reduce risk in the quality or nature of the product or work.

Collective Trademark is something different from the individual Trademark. Here is the complete requirement given below for registration of a Collective Trademark:

1. Applicants must be an association or group of many companies. An individual can’t register a Collective Trademark.
2. The applicant should submit any certificates that clear the status of the business.
3. They have to submit a complete description of the product or work that they are providing.
4. Applicants have to submit the identity proofs of all members of the association.
5. They should also submit the logo or sample of the mark that they want to register.
6. The applicant has to submit a Collective Trademark agreement. This agreement has the sign of all the members which mention that all members agree with all the rules that are made by the association.
7. They have to provide a copy of the rules that mention all the key points of the association.
8. At last they also submit the proof of Collective mark, such as advertising or promotional proofs.

Registering a Trademark is a long and complex process, with a high chance of being rejected. “Litem Legalis” is a trusted TM attorney that has helped a number of clients to hassle-free registration. It is a team of professional advocates who have many years of experience. “Litem Legalis” believes in communicating with the client and gives answers to their queries. This team has committed to providing the best service so feel free to contact the team.

Collective Trademark is an essential component for those businesses, that want to establish a strong brand identity in the marketplace. It gives many advantages to members of the association such as - brand recognition, helps to improve reputation, provides market opportunity, reduces cost and many more. Therefore, understanding the requirement of a Collective Trademark can give acceleration to a business and make a high chance of profit.