T.M.E.P. § 1303
Collective Trademarks and Collective Service Marks

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1303 Collective Trademarks and Collective Service Marks

Collective trademarks and collective service marks indicate commercial origin of goods or services, but as collective marks they indicate that the party providing the goods or services is a member of a certain group and meets its standards for admission. The mark is used by all members of the group; therefore, no one member can own the mark, and the collective organization holds the title to the collectively used mark for the benefit of all members of the group. An agricultural cooperative of produce sellers is an example of a collective organization that does not sell its own goods or render services, but promotes the goods and services of its members.

The collective organization itself neither sells goods nor performs services under the mark, but may advertise to publicize the mark and promote the goods or services sold by its members under the mark.

A specimen of use of a collective trademark or service mark must show use of the mark by a member on the member's goods or in the sale or advertising of the member's services. 37 C.F.R. 2.56(b)(3); TMEP §1303.02(b).