Trademarks, certification marks, and collective membership marks are all types of marks that are used with products and services sold in commerce. Any of these can be words, phrases, symbols, designs, logos, and more. Further, each kind of mark can be registered with the US Patent and Trademark Office (“USPTO”). The same process is used to register each type of mark, and generally, the same rules apply. For example, a collective membership mark cannot be registered if the same mark is already being used or if the mark is confusingly similar to one already in use.
However, there are a couple of important differences in terms of legal requirements for registration. First, trademarks must be used in commerce by the owner, whereas certification and collective membership marks must be used by members. Second, trademarks must be registered and used in association with various trademark classes, like clothing, chemicals, written materials, etc. By contrast, collective membership and certification marks are a class unto themselves and do not need to be associated with a trademark class.
If you are thinking of registering a trademark, a certification mark, or a collective membership mark, it is best to hire a top-tier trademark attorney to help. For a consultation, contact us here at Revision Legal. Here are some additional differences between trademarks, collective membership marks, and certification marks.
Purpose
A trademark is used to identify the commercial source of a product or service.
A collective membership mark is also used in commerce — on the packaging and in the advertisements — to indicate membership in a collective organization or group — like cattle ranchers in Texas, potato growers in Idaho, etc.
A certification mark is used by authorized persons and businesses and might signal safety, quality, source, content, accuracy, or some other measure. Generally, the mark also indicates that the user:
- Has been inspected, tested, and/or examined by the organization (or some third party) and
- That the inspection has shown compliance with the rules and standards of the organization
Ownership
A trademark is owned by a person or business, or other entity; no permission is needed for the owner to use the trademark.
A collective membership mark is owned by the organization — often a not-for-profit organization — that has created, registered, and authorized the use of the mark. Generally, use is only authorized for members of the organization that owns the collective membership mark.
Likewise, a certification mark is owned by the organization — often a not-for-profit organization — that has created, registered, and authorized use. Unlike collective membership marks, certification marks are often authorized for use more broadly. That is, the use of a certification mark may be authorized only for members of the organization that owns the certification mark. But, often, the use of a certification mark is authorized in the same manner as a trademark can be licensed for use. The licensee must satisfy all the requirements of the use authorization agreement.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
