What Is a Collective Mark in Trademarks Law?

Intellectual property laws protect your unique creations, including designs, performances, and logos. You can register your trademarks and service marks to prevent unauthorized use. Collective groups can also register collective membership marks for trademark protection.

Federal trademark law governs trademark registration. Talk to an intellectual property lawyer for legal advice about registering collective marks.

What Are Collective Marks in Intellectual Property?

Collective trademarks are trademarks registered by a group or organization. Your group members can use this type of trademark to identify themselves with your organization. Collective marks can distinguish the goods and services of members based on their geographical origin, material, mode of manufacture, or common characteristics.

The U.S. Patent and Trademark Office (USPTO) registers and catalogs different types of collective marks, including:

• Certification trademarks
• Collective membership marks
• Collective trademarks
• Collective service marks

Members of a cooperative, an association, or other collective group or organization register collective marks. This includes marks indicating membership in a union, an association, or another organization. A collective mark implies that the member organization conforms to the standards of the parent organization. Your users derive some collective benefit from membership.

An example of a collective mark is CPA to indicate members of the Society of Certified Public Accountants. Other examples include the American Automobile Association (AAA) and Girl Scouts.

Who Controls a Collective Trademark?

Under the Trademark Act, a collective entity owns the collective mark. A regular trademark is for a product of an individual origin. But a variety of traders or members use a collective mark. Members of the association use collective trademarks or collective service marks. Collective organizations hold exclusive control over the use of the mark in commerce by its members.

What Is a Certification Mark?

Collective marks differ from certification marks. Anyone who complies with the certification standards can use certification marks. For example, appliance manufacturers can use the Energy Star mark after meeting energy efficiency standards. Energy Star isn’t limited to members of a collective group.

How Do You Register a Collective Mark?

If your organization’s members want to register a collective mark, submit a trademark application to the USPTO. Your application for a collective mark should also include a copy of the regulations or bylaws that regulate the collective mark’s use. This includes:

• The name of the organization
• The jurisdiction of the organization
• A description of the mark
• A list of authorized members and their collective trade
• The conditions of membership
• The conditions of collective mark use
• Any sanctions for unauthorized use of the mark by nonmembers

What Are the Penalties for the Unauthorized Use of a Collective Mark?

If you use a registered collective mark without the owner of the mark’s permission, you may be subject to legal penalties. Group members can file a trademark infringement lawsuit for monetary damages and statutory penalties. Sometimes, trademark infringement has criminal penalties. Penalties for trademark infringement include:

• An injunction to stop the unauthorized use
• Damages from lost profits
• Damages from reputational harm
• Statutory damages of up to $200,000 (or more for willful violations)
• Attorney fees

What Happens When Someone Else Uses a Collective Mark?

A collective mark signals to consumers that the goods or services provided meet a certain standard. Using a registered collective mark without approval can cause confusion, including confusion about the goods or services provided.

In a trademark infringement case, the court can consider several factors to determine the likelihood of confusion, including:

• Any similarity between the mark and unauthorized use
• Any geographical indications of the mark
• Where the services are advertised and marketed
• Any consumer conditions for using or purchasing the goods
• The strength of the collective mark
• Any evidence of actual confusion caused by the infringing mark

How Can a Trademark Lawyer Help With a Collective Mark?

A trademark lawyer can help you register your group’s collective mark and help with your trademark application. If the trademark office denies your trademark application, your lawyer can identify the issues and submit more evidence for approval. For more information about registering a collective mark, talk to an intellectual property lawyer.