What are Collective Marks?

What are Collective Marks?

Collective marks in India are marks used by an association of persons, either separately or jointly, to distinguish their goods and services from those of others. A collective mark is a sign which is used to indicate that the goods or services bearing it are from a particular association or organization. It is a type of trademark which is owned by the members of a particular association or organization.

The concept of collective marks was first introduced in India through the Trademarks Act, 1999. Under the Act, collective marks are defined as “a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other persons”. Collective marks are not used to distinguish the products of one manufacturer from another but they are used by an association of persons, which is its proprietor, to distinguish its goods or services from that of its competitors.

In India, there are many examples of collective marks that are being used by associations and organizations. Some of the most common examples of collective marks used in India are:

• The India Mark of Quality – This is a collective mark owned by the Bureau of Indian Standards (BIS). It is used to distinguish products that meet the standards set by BIS.

• The Agmark – This is a collective mark owned by the Agricultural and Processed Food Products Export Development Authority (APEDA). This mark is used to distinguish agricultural and processed food products from those of other countries.

• The ISI – This is a collective mark owned by the National Institute of Standards and Technology (NIST). This mark is used to distinguish goods that meet the standards set by NIST.

• The Hallmark – This is a collective mark owned by the Gem and Jewellery Export Promotion Council (GJEPC). This mark is used to distinguish gold, silver, and platinum jewelry from that of other countries.

• The GI – This is a collective mark owned by the Geographical Indications Registry (GIR). This mark is used to distinguish goods that are traditionally associated with a particular geographical area.

These are just some of the examples of collective marks used in India. There are many other collective marks used by various organizations and associations in India. It is important to note that collective marks are not the same as trademarks and should not be confused with them. It is important to understand the differences between collective marks and trademarks in order to ensure that the goods or services bearing the mark are from a particular association or organization.

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