Collective Mark | Practical Law

Collective Mark | Practical Law

Collective Mark

Collective Mark

Practical Law Glossary Item 7-501-9562 (Approx. 3 pages)

Glossary

Collective Mark

A type of trademark or service mark adopted by a cooperative, an association, or other collective group or organization (for example, a charitable organization, labor union, or college fraternity) for use by individual members of the group or organization.
There are two types of collective marks:
  • Collective trademarks and collective service marks. Used by the collective organization's members to identify their goods or services and distinguish them from those of nonmembers. The collective organization itself does not use the mark to sell goods or perform services, but may advertise or promote goods or services sold or provided by its members under the mark.
  • Collective membership marks. Used by the collective organization's members solely to indicate that the person displaying the mark is a member of that organization.
Collective marks can be registered with the US Patent and Trademark Office in the same manner and with the same effect as trademarks and service marks, although use and ownership requirements vary slightly (15 U.S.C. § 1054).
For more on trademark protection in general, see Practice Note: Trademark Overview.