Different types of trademarks
In Austria and the EU, trademarks are categorised into three types
based on their functions:
- the individual mark, which identifies the origin of goods and services from a specific company;
- the certification mark, which as explained in our November 2024 newsletter, ensures that a product meets certain requirements or has certain characteristics;
- and the collective mark, which is the topic of our article today.
What exactly is a collective mark?
The collective trademark serves to distinguish the goods or
services of a member of an association from the goods and services
of non-members. Its function is based on the association membership
of the person responsible for the product. A collective mark can
therefore only be registered by associations or legal entities
under public law, such as regional authorities or chambers.
The purpose of the collective mark is therefore to inform the
consumer that certain goods and services originate from a member of
a particular association and that the member is authorised to use
the trademark.
The common interests and, where applicable, standards of the
association members, as well as the conditions and powers of use,
are set out in a statute. The owner of the collective trademark is
responsible for monitoring and compliance of the conditions of
use.
What are the specific requirements for registering a
collective mark?
Applicant: Only associations (of manufacturers, producers,
suppliers of services or traders) with legal capacity and legal
persons governed by public law can be applicants.
Regulations of use: The regulations of use define the requirements
for persons authorised to use the trademark, the conditions for
membership in the association and the conditions for using the
trademark.
Special case: Geographical collective mark
Collective trademarks that consist of indications of the
geographical origin of goods and services can be protected. It
should be noted that the owner of such a collective trademark may
not prohibit the use of the geographical indication by non-members
whose goods or services originate from the relevant geographical
area. The regulations of use must also allow non-members to become
members of the association, provided the other conditions of the
regulations are fulfilled.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
