Collective marks and certification marks: Differences and applications

Collective marks and certification marks are two important concepts in the field of intellectual property, helping to protect the rights of organizations and individuals while enhancing brand value. Although they function to differentiate goods and services, the differences between them are very clear, from the purpose of use to the registration procedure. This article will analyze the differences between collective marks and certification marks, as well as the application value of each type of mark.

 Difference between collective marks and certification marks
Difference between collective marks and certification marks

What is a collective trademark?

Collective marks are specified in Clause 17, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2022. Accordingly, a collective mark is a mark used to distinguish the goods and services of members of the organization that owns the mark from the goods and services of organizations or individuals that are not members. This trademark has a unique nature and only members of the organization have the right to use it.

  • Owner: Legally established collective organization.
  • Conditions of use: Members of the organization have the right to use the trademark.
  • Regulations on use: Organizations must develop regulations on use of trademarks to ensure the rights of members.

What is a certification mark?

Certification marks are specified in Clause 18, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2022. Certification marks not only distinguish products but also certify the characteristics of origin, raw materials, quality or production process of goods and services. The owner of a certification mark has the right to allow other organizations and individuals to use this mark on their products if they meet the standards set by the owner.

  • Owners: Organizations that control product quality and characteristics.
  • Conditions of use: Organizations and individuals must meet quality standards or characteristics specified by the owner.
  • Regulations on use: There should be clear regulations on standards and evaluation methods for granting certification marks.

Difference between collective marks and certification marks

Criteria Collective brand Certification mark
Owner Legal collective organizations (associations, unions, cooperatives,…) Organization whose function is to control quality or product characteristics
Intended use Distinguish the products of members of the organization Certification of product characteristics (quality, origin,…)
Conditions of use Only members of the organization are allowed to use the trademark Only organizations and individuals that meet the owner’s standards can use them
Regulations of use The organization must have regulations on trademark use for its members Regulations on product standards and quality that organizations must meet to use the brand
Registration procedures Simple process, few complicated requirements Procedures are more complicated, requiring proof of production standards and processes
Benefit Enhance the overall brand value of the organization, protect the rights of members Increase product reputation through certification of quality or characteristics
For example Brand “Golden Rice” (for members of rice production cooperatives) “Certified Organic” label (for certified organic products)
 Trademark registration process according to regulations
Trademark registration process according to regulations

Application value of each type of trademark

Both collective marks and certification marks bring great value in enhancing reputation and quality of products and services. Specifically:

Application value of certification mark:

  • Quality confirmation: Certification marks help confirm the quality of products or services, creating trust for consumers.
  • Increase brand value: Products certified by a certification mark are often valued more highly in the market because they ensure they meet certain quality standards.
  • Confirming the source and origin: Certification marks can be used to prove the origin or origin of the product.
  • Create consumer trust: Issued by a reputable organization, a certification mark can build customer trust.
  • Encourage production improvement: Businesses that produce products that want to own a certification mark need to improve quality and production capacity to achieve standards.

The applied value of collective marks:

  • Enhance brand recognition for the group: Collective brands help increase the recognition of products and services in the group, helping members easily differentiate and stand out in the market.
  • Uniform quality certification: Collective trademarks can be a testament to the product quality of all group members, helping the group’s products to be more appreciated and trusted.
  • Encourage cooperation among members: Collective branding creates opportunities for cooperation and helps members of the organization maintain a uniform and professional image.
  • Help protect common interests: Members can protect collective interests when facing competition issues or intellectual property violations.
  • Increase commercial value: Owning a collective trademark helps groups or organizations increase the commercial value of products and services and can create a more stable market.
  • Promotion and marketing support: Collective brands can be used to market products and increase customer accessibility.

Full package trademark registration support service at Long Phan

To protect your legal rights, customers need to clearly understand the process and procedures for trademark registration. Long Phan provides comprehensive trademark registration support services. Our services include:

  • Consulting on regulations on trademark registration.
  • Assist customers in preparing necessary documents for trademark registration.
  • Representing the customer to carry out procedures for applying for trademark registration at the National Office of Intellectual Property.
  • Track application processing, including payment of fees and charges, receiving receipts, and notification of results.
  • Providing trademark protection services and support in cases of intellectual property rights disputes or violations.
 Full package trademark registration support service at Long Phan
Full package trademark registration support service at Long Phan

Collective marks and certification marks are not only important tools to differentiate products but also legal protection for the rights of organizations and individuals. Understanding the differences and applications of each type of trademark will help customers make the right decision in registering for intellectual property protection. For detailed support and advice on trademark registration procedures, please contact Long Phan via the hotline 0906735386 to receive advice.

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