T.M.E.P. § 1304.06
Nature of the Collective Group

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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1304.06 Nature of the Collective Group

Under the definition of "collective mark" in §45 of the Trademark Act, 15 U.S.C. 1127, only a "cooperative, an association or other collective group or organization" can become the owner of a collective mark. However, there is great variety in the organizational form of collective groups whose members use membership marks. The terms "group" and "organization" are broad enough to cover all groups of persons who are brought together in an organized manner such as to justify their being called "collective."

In order to apply to register a collective membership mark, the collective organization who owns the mark must be a person capable of suing and being sued in a court of law. See 15 U.S.C. 1127. See TMEP §§803.01 et seq.

The persons that compose a collective group may be either natural or juristic persons.