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

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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.