A Unique Type of Trademark Protection
A collective membership trademark is a type of trademark identifying membership in an organization. This is different than a “normal” trademark, which identifies your business to consumers as the source of goods or services. For example, the “Gibson” logo on a guitar tells buyers it’s made by Gibson Brands and not some knock-off guitar manufacturer.
A collective membership trademark does something else entirely.
How a Collective Membership Trademark Works
The collective membership trademark shows consumers that its user belongs to a group or association. For example, the FTD mark identifies a florist as a member of the “Floral Transworld Delivery” organization. The use of the mark tells consumers that this particular florist will be able to deliver flowers for them pretty much anywhere.
In other words, these trademarks build trust in membership-based organizations.
Livonia Trademark Attorney Explains Application Requirements
To register a collective membership trademark, use in interstate commerce must be shown or intended just as with any other trademark. That is, members must actively use the mark in business across state lines.
The applicant for a collective mark registration must be the first to use the mark in commerce—not just the first to file. Applicants must provide evidence of that use (a “specimen“) with the trademark registration application.
The collective membership trademark must also not be likely to confuse consumers. In other words, it cannot look or sound like another mark already registered. Thus, as with any trademark registration, a proper pre-filing clearance search is highly recommended.
Who Owns a Collective Membership Trademark?
Ownership is not always straightforward when it comes to collective membership marks. The owner and registrant will not necessary be using the mark. Members of its organization are essentially licensed to use the mark, provided that they adhere to the owner’s membership requirements.
Work With a Livonia Trademark Attorney
Applying for a collective membership trademark is not a straightforward process. Proving use in commerce of this type of trademark will pose unique challenges. Missteps can cause delays or denial of your application.
A skilled Livonia trademark attorney can guide you through the process and maximize your odds of success. When the USPTO objects to or refuses your application, only a licensed and experienced attorney can respond on your behalf to USPTO Office Actions.
Noble Path Legal: Livonia Trademark Attorney Services
Noble Path Legal PLLC assists Detroit-area businesses and businesses nationally register and protect trademarks. From initial clearance searching, application drafting and filing, Office Action responses, and renewals, we will ensure that your brand is protected for as long you as you need to use it.
Click below to book your consultation with a trusted Livonia trademark attorney today.