Geography Reference
In-Depth Information
6.87
The Community trade mark provisions apply to Community collective marks,
unless Arts 67-74 Community Trade Mark Regulations provide otherwise. A
Community collective trade mark is subject to broadly the same examination
procedure and conditions as individual marks. In general terms, the classifica-
tion of goods and services, examination of formalities and of absolute grounds
for refusal is done according to the same procedure as that applied to individual
trade marks. The OHIM Trade Marks Manual explains that examiners will
check the list of goods and services or the language requirements in the same
way as they do with individual trade marks.
120
Likewise, whether the Com-
munity Collective Trade Mark falls under one of the grounds for refusal of Art 7
Community Trade Mark Regulation will also be examined.
The examination of a Community Collective Trade Mark will also consider the
exceptions and particularities of this kind of mark. These exceptions and
particularities refer both to the formal and substantive provisions. As regards
formalities, the requirement of the regulations governing use of the mark is, for
example, a specific characteristic of a Community collective trade mark.
6.88
(a) Definition
Article 66(1) provides that:
6.89
A Community collective mark shall be a Community trade mark which is described as
such when the mark is applied for and is capable of distinguishing the goods or services
of the members of the association which is the proprietor of the mark from those of
other undertakings. Associations of manufacturers, producers, suppliers of services, or
traders which, under the terms of the law governing them, have the capacity in their
own name to have rights and obligations of all kinds, to make contracts or accomplish
other legal acts and to sue and be sued, as well as legal persons governed by public law,
may apply for Community collective marks.
A Community collective mark is thus aimed at distinguishing the goods and
services of the members of an association which owns the mark from those of
other companies which do not belong to that association. Therefore, the
Community collective mark qualifies the commercial origin of certain goods
and services by informing the consumer that the producer of the goods or the
service provider belongs to a certain association and that it has the right to use
the mark.
6.90
120
OHIM Trade Marks Manual, Part B: Examination, Section 2: Examination of Formalities, 7.2 Collective
Marks.
