Collective marks

Different types of trademarks

In Austria and the EU, trademarks are categorised into three types based on their functions: 

• the individual mark, which identifies the origin of goods and services from a specific company;
• the certification mark, which as explained in our November 2024 newsletter, ensures that a product meets certain requirements or has certain characteristics;
• and the collective mark, which is the topic of our article today.

What exactly is a collective mark?

The collective trademark serves to distinguish the goods or services of a member of an association from the goods and services of non-members. Its function is based on the association membership of the person responsible for the product. A collective mark can therefore only be registered by associations or legal entities under public law, such as regional authorities or chambers.

The purpose of the collective mark is therefore to inform the consumer that certain goods and services originate from a member of a particular association and that the member is authorised to use the trademark.

The common interests and, where applicable, standards of the association members, as well as the conditions and powers of use, are set out in a statute. The owner of the collective trademark is responsible for monitoring and compliance of the conditions of use.

What are the specific requirements for registering a collective mark?

Applicant: Only associations (of manufacturers, producers, suppliers of services or traders) with legal capacity and legal persons governed by public law can be applicants.

Regulations of use: The regulations of use define the requirements for persons authorised to use the trademark, the conditions for membership in the association and the conditions for using the trademark.

Special case: Geographical collective mark

Collective trademarks that consist of indications of the geographical origin of goods and services can be protected. It should be noted that the owner of such a collective trademark may not prohibit the use of the geographical indication by non-members whose goods or services originate from the relevant geographical area. The regulations of use must also allow non-members to become members of the association, provided the other conditions of the regulations are fulfilled.

authors: Christian Schumacher, Kerstin Wiesegger