What are collective marks?
Collective marks are usually defined as signs which distinguish the geographical origin, material, mode of manufacture or other common characteristics of goods or services of different enterprises using the collective mark. Only a society or other organisation may acquire an exclusive right for its members to use a collective trademark for goods or services in an industrial or commercial undertaking
By registering collective marks, companies or organisations can obtain proprietary rights for their members to use a common identifier for goods or services for commercial purposes. Moreover, authorities, establishments, associations or unions may acquire proprietary rights to a trademark used for goods or services to which controls or standards apply.
Applying for the registration of a collective mark
Collective marks may be filed with the ISIPO. A special application form is used for the registration of collective marks. Collective marks listed in the Trademarks Registry must meet the same registration requirements as trademarks. An application for registration of a collective mark shall also include the regulations established for the use of the mark. The rules shall state the following:
- Who is authorized to use the mark .
- What conditions are set for such authorization and what would be the consequences of unlawful use.
- What rights and duties the owner of the mark has vis-à-vis those using the mark in an unlawful manner.
- What rules apply regarding membership in an entity who owns the mark, if the mark is a collective mark.
International registration of collective trademarks
The same applies to the registration system of collective marks as applies to trademarks. The applicant must file an application for registration in Iceland before or at the same time as the international application is filed. The mark must be identical in both cases and the list of goods and services may not be more extensive than indicated in the national application.