Collective and certification marks

When considering applying to register your trade mark, it is essential to ensure your application for your proposed mark is the best for you.

In some cases, an ordinary trade mark registration where the mark will indicate you solely as the trader and shows that the goods or services come directly from you, is not the best avenue to pursue.

There are a number of other options that could suit you better.

These include collective marks and certification marks.

Certification marks

A certification mark is a specific type of trade mark that indicates to others a level of guarantee that the goods or services provided with the trade mark attached are of a certain defined standard of quality or include a specific characteristic.  

This can be useful to you if you produce or sell a specific product that holds a higher level of importance if it of a certain level of quality.

For example, if you sell clothing that is 100% cotton, you can include this in your mark as long as the mark in its complete state is still distinctiveness and not completely descriptive of the goods or services.

Collective marks

These differ from above but are also different from an ordinary mark.

A collective mark is applied to goods or services to indicate that the mark originates from members of a trade association, as opposed to the individual trader that an ordinary trade mark would indicate.

An example of this can be found when looking at the Solicitors Regulation Authority who regulate all solicitors in England and Wales to ensure they are acting appropriately. They have protected their name as a collective trade mark so that law firms can indicate that they are a member of the association.

Therefore, you have a number of options when you are looking to protect your trade mark, for any further advice on your best course of action contact The Trademarkroom.

By Ellis Sweetenham