Part 16COLLECTIVE TRADE MARKS

PART 16—COLLECTIVE TRADE MARKS 169. This Part: (a) defines a collective trade mark; and (b) provides to what extent, and subject to what modifications or additions, the provisions of this Act relating to trade marks apply to collective trade marks. What is a collective trade mark? 170. A collective trade mark is a sign used, or intended to be used, in relation to goods and services dealt with or provided in the course of trade by members of an association to distinguish those goods and services from goods and services so provided or dealt with by persons who are not members of the association. 171.(1) Subject to this Part, the provisions of this Act relating to trade marks (other than Part 10—Assignment and Transmission of Trade Marks and Part 11—Registered Users) apply to collective trade marks and so apply as if: (a) a reference to a trade mark included a reference to a collective trade mark; and (b) a reference to a person doing something for the registration of a trade mark included a reference to an association doing that thing for the registration of the collective trade mark; and (c) a reference to a trade mark registered by a person included a reference to a collective trade mark registered by an association. (2) For the purposes of this Act: (a) the use of a collective trade mark by a member of the association that is the applicant for the registration of the collective trade mark is taken to be a use of the collective trade mark by the applicant; and (b) the use of a registered collective trade mark by a member of the association that is the registered owner of the collective trade mark is taken to be a use of the collective trade mark by the registered owner. (3) Section 40 (trade mark not distinguishing applicant s goods or services) applies in relation to a collective trade mark as if a reference to the applicant were a reference to the members of the association that applied for registration of the collective trade mark. 172. An application for the registration of a collective trade mark: (a) must be made by the association to which the mark belongs; and (b) must, instead of a statement referred to in subsection 25(4), contain a statement that members of the association are using, or intend to use. the mark in relation to goods and services: (i) dealt with or provided by those members; and (ii) in respect of which it is sought to register the mark. Limitation on rights given by registered collective trade mark 173. A member of an association in whose name a collective trade mark is registered does not have the right to prevent another member of the association from using the collective trade mark in accordance with the rules of the association (if any). Assignment etc. of collective trade mark 174. A collective trade mark may not be assigned or transmitted. Infringement of collective trade mark 175. In an action by an association in whose name a collective trade mark is registered seeking relief for infringement of the collective trade mark, the association may take into account, in claiming damages, any damage or loss of profits sustained or incurred by the members of the association as a result of the infringement.