Collective trademark registration: advantages and procedure

Do you represent an association or other group of entrepreneurs? Then you should learn aboutthe collective trademark (TM). A collective trademark is a powerful tool for jointly promoting goods and services, increasing consumer confidence and protecting against unfair competition. In this article, we will look at whata collective trademark is, what are its advantages, and how to register it in Ukraine so that you can effectively use this mechanism to develop your association.

Section 1: What is a collective trademark?

Understanding the essence of a collective trademark is key to using this tool effectively in business. Despite the similarities with individual trademarks, a collective trademark has its own unique characteristics and purpose, which make it indispensable for associations of entrepreneurs. In this section, we will take a closer look at whata collective trademark is, what its key features are, and how it differs from ordinary trademarks. Let’s see how a collective trademark can be a powerful tool for your business and help you achieve your common goals.

Section 1.1: Definition and purpose

The collective trademark is a mark used to identify the goods or services of members of a certain association. It belongs to the association and is used to identify products that meet the established standards and characteristics defined by the members of the association. The main purpose ofa collective trademark is to distinguish the goods or services of a group of enterprises, guaranteeing consumers their quality and origin.

For example, the “Made in Ukraine” mark can serve as an illustration of a collective trademark, although it is not always formally registered as such. It indicates the country of origin of goods and may be associated with certain quality standards set by Ukrainian producers. Registration of such marks as collective trademarks allows associations of entrepreneurs to promote their products more effectively, emphasising their common characteristics.

Key aspects of the definition and purpose of a collective trade mark:

• Identification of goods/services: A collective trademark helps consumers to recognise products belonging to a particular association.
• Quality assurance: The mark confirms that goods or services meet the standards set by the association.
• Joint promotion: A collective trademark allows entrepreneurs to join forces to promote their products on the market.

It is important to understand that in order to register a collective TM, the association needs to have clearly defined rules for the use of the mark and a system for monitoring compliance with these rules. Thebenefits of the collective TM become apparent when the members of the association actively use the mark to increase awareness and trust in their goods or services. Registering a collective trademark is a strategic step that requires careful planning and cooperation between all members of the association.

Subsection 1.2: Differences from a regular trademark

Although the collective trademark and an ordinary (individual) trademark perform similar functions – identification of goods and services and guarantee of their quality – there are significant differences between these two types of marks. Understanding these differences will help you make the right choice when registering a trademark for your association.

The main differences between a collective trademark and an individual one:

• Owner: The owner of a common trade mark is a single individual or legal entity. The owner ofa collective trademark is always an association of businesses, such as an association, union or other organisation representing the interests of its members.
• Purpose of use: An ordinary trade mark is used to individualise the goods and services of one enterprise. A collective trademark is intended to be used by a group of enterprises belonging to an association to identify goods and services that meet common quality standards and characteristics defined by the association.
• The right to use: The right to use a common trade mark belongs to its owner, who may allow others to use it under a licence agreement. The right to use collective trademark belongs to all members of the association who comply with the established rules for the use of the mark.
• Regulation of use: The use of an ordinary trademark is regulated exclusively by its owner. The use ofa collective trademark by is governed by the collective trademark regulation, which is developed by the association and defines the rules for the use of the mark, requirements for the quality of goods and services, as well as mechanisms for monitoring compliance with these rules.

Comparative table of ordinary and collective trademarks

These differences underscore the unique nature of the collective trademark as a tool for associations of entrepreneurs. It not only identifies products, but also ensures joint quality control and promotion of goods and services on the market. The choice between a common and collective trademark depends on the specific needs and goals of your business or association.

Section 2: Benefits of registering a collective trademark

Registration of a collective trademark is a strategic step for associations of entrepreneurs, which provides access to a number of advantages that contribute to business development and strengthening of market positions. The collective trademark is not just a sign, it is a tool that unites the efforts of the participants, guarantees product quality and increases consumer confidence. In this section, we will take a closer look at the key benefits that members of the association getby registering a collective trademark. You will learn how collective TM can help you achieve common goals, optimise marketing costs and create a strong, recognisable brand. From joint promotion of goods/services to protection from unfair competition, collective TM offers a comprehensive approach to business development for all members of the association.

Subsection 2.1: Joint promotion of goods/services

One of the key advantages of registering a collective trademark at is the possibility of joint promotion of goods and services by members of the association. A collective trademark acts as a unifying element that allows entrepreneurs to coordinate their marketing efforts and achieve greater efficiency in promoting their products on the market.

How a collective TM helps in joint promotion:

• A unified advertising strategy: The collective TM creates a basis for the development and implementation of a unified advertising strategy covering all members of the association. This allows you to use common resources and achieve a synergistic effect, increasing brand awareness and attracting more consumers.
• Reducing marketing costs: Joint promotion under a collective brand allows you to distribute advertising and marketing costs among the members of the association, which significantly reduces the financial burden on each individual entrepreneur.
• Increasing the effectiveness of advertising campaigns: The use of a collective brand in advertising campaigns increases their effectiveness, as consumers perceive the brand as more reliable and stable, which has a positive impact on their purchasing behaviour.
• Joint participation in exhibitions and fairs: The collective trademark allows members of the association to jointly present their products at exhibitions and fairs, which significantly expands the audience reach and increases the chances of attracting new customers and partners.
• Creating a single brand: The collective TM forms a single brand that is recognised by consumers and associated with certain quality standards. This creates a competitive advantage and allows the members of the association to position themselves more effectively in the market.

Joint promotion under the collective TM is a powerful tool for associations of entrepreneurs to achieve synergies in marketing efforts, save money and strengthen their brand’s position in the market. The advantages of a collective brand in this regard are obvious, especially for small and medium-sized enterprises that can pool their resources and compete with larger market players.

Section 2.2: Building consumer confidence

The collective trademark is not just a logo or a name, it is a symbol that guarantees consumers a certain level of quality and compliance with standards. The registration of a collective trademark helps to increase consumer confidence in the goods and services labelled with this mark, which, in turn, has a positive impact on sales and brand reputation.

How a collective TM increases consumer confidence:

• Quality assurance: The collective TM certifies that all goods and services marked with this sign meet certain quality standards set by the association. This creates a sense of reliability and guarantees consumers a certain level of product quality.
• Joint responsibility: Members of the association using the collective TM are jointly responsible for the quality of goods and services. This motivates entrepreneurs to adhere to high standards and ensure that products meet the declared characteristics.
• Transparency and control: The collective trademark provides for transparent rules of use and mechanisms for monitoring their compliance. Consumers can be sure that the products labelledwith collective TM have been tested and meet the established criteria.
• Positive brand image: The collective TM creates a positive brand image that is associated with quality, reliability and professionalism. This attracts consumers who are looking for guaranteed quality and trust brands with a positive reputation.
• Competitive advantage: Increased consumer confidence in the collective TM creates a competitive advantage for the members of the association. Consumers are more likely to choose goods and services marked with a sign that guarantees quality and compliance with standards.

Increasing consumer confidence is one of the key success factors for any business. The collective TM is an effective tool for achieving this goal, providing quality assurance and building a positive brand image. The advantages of a collective TM in this aspect are particularly important in a highly competitive environment and with growing consumer demands for the quality of goods and services.

Subsection 2.3: Protection against unfair competition

Registration of a collective trademark at provides effective protection against unfair competition, preventing the illegal use of your brand and reputation. A collective trademark provides the members of the association with legal tools to combat infringers who try to take advantage of the recognition and consumer trust in your products.

How a collective TM protects against unfair competition:

• Exclusive right of use: Registration of the collective TM gives the association the exclusive right to use this mark to designate goods and services within the scope of its activities. This means that other persons cannot use an identical or confusingly similar mark without the association’s permission.
• Protection against counterfeits and imitations: A collective trademark helps prevent counterfeits and imitations of your products, protecting consumers from low-quality goods and services that could damage the brand’s reputation.
• Legal tools to fight infringers: The owner of a collective trademark has the right to file a lawsuit to stop the infringement of intellectual property rights and recover compensation for damages.
• Strengthening market positions: A collective trademark helps to strengthen the association’s market position by creating a barrier to unfair competitors and protecting the interests of the association’s members.
• Preserving brand reputation: A collective trademark protects brand reputation by preventing the use of your mark to promote low-quality products, which can negatively affect consumer confidence.

The advantages of the collective TM in protecting against unfair competition are an important factor for the stable development of business. Registration ofa collective TM at is an investment in the future of your association, which will help preserve the uniqueness of your brand and protect it from illegal use.

Section 3: Procedure for registering a collective trademark

Registration of a collective trademark is an important step for any association of entrepreneurs seeking to protect their brand and enjoy all the benefits that a collective TM provides . Although the registration process may seem complicated, understanding the key steps and requirements will make it much easier. In this section, we will take a detailed look at all the stages of registration of a collective trademark in Ukraine, from drafting a regulation on the use of the TM to paying state fees. Step by step, we will analyse all the necessary actions and documents that need to be prepared for successful registration of a collective trademark in the Ukrainian Trademark Office. This information will help you avoid mistakes and save time and resources when registering your collective TM.

Section 3.1: Drafting a regulation on the use of the TM

Drafting a collective trademarkusage policy is a fundamental step in the process of registering a collectivetrademark. This is a document that sets the rules of the game for all members of the association, determining how, when and under what conditions they can usethe collective TM. A clear and well-thought-out regulation is the key to the successful functioning ofthe collective TM and the prevention of conflicts between the association members.

What should the regulation on the use of the collective TMcontain ?

• List of goods/services: A detailed list of goods and/or services for which the collective TM will be used.
• Terms of use: Clear criteria and quality standards that the goods/services must meet, marked collective TM. These may include technical specifications, requirements for composition, production process, etc.
• Rights and obligations of association members: Defining the rights and obligations of each member of the association in relation to the use ofthe collective TM. This includes the obligation to comply with established standards, pay membership fees (if any), and other important aspects.
• Procedure for controlling the use of TM: Mechanisms for controlling compliance with the provisions on the use of collective TM. This may include regular product quality checks, complaints and sanctions against violators.
• Procedure for joining and leaving the association: The rules for accepting new members and withdrawal of existing members from the association, as well as the consequences for the use ofthe collective TM in such cases.
• Dispute resolution procedure: Mechanisms for resolving disputes that may arise between members of the association regarding the use of the collective TM.

The importance of developing a regulation:

• Avoiding conflicts: Clear rules for the use of collective TM help to avoid misunderstandings and conflicts between members of the association.
• Protecting brand reputation: Compliance with the standards set out in the regulations guarantees the high quality of products labelled with the collective TM and protects the brand’s reputation.
• Successful registration: Having a clear and well-thought-out regulation on the use of TM is a prerequisite for registering a collective TM with UkrNOVI.

Developing a regulation on the use of a collective TM is an investment in the future of your association, which will ensure the effective functioning of the collective TM and protect the interests of all members.

Subsection 3.2: Filing an application with UAPTO: a detailed guide

Filing an application with UKRNOVI is a crucial step in the process of registering a collective trademark. This process requires careful preparation and attention to detail. Let’s take a closer look at each aspect of this stage.

1. Methods of filing an application:

• Online (recommended): The most convenient and fastest way to submit an application is through the electronic cabinet on the website of the Ukrainian National Agency for Intellectual Property Rights. This method allows you to save time and avoid paperwork. To do this, you need to register and log in to the system, fill in the electronic application form and attach the required documents electronically.
• In person: You can file an application in person by visiting the relevant department of Ukrpatent. This option is suitable for those who prefer personal communication and wish to receive expert advice directly from Ukrpatent.
• By mail: The application can be sent by registered mail with a list of attachments. Please note that the registration process may take longer in this case.

2. List of required documents:

• Application for registration of a collective TM: The application must be filled out in Ukrainian in the prescribed form, which can be downloaded from the website of the Ukrainian National Institute of Intellectual Property. The application must contain information about the applicant (full name of the association, address, contact details), an image ofthe collective TM ( in high quality), a list of goods/services for which the TM will be used ( indicating the relevant classes of the Nice Classification), and other necessary data.
• Regulations on the use of the collective TM: This is one of the most important documents that regulates all aspects of the use of the TM by the members of the association. It must be approved by the association and contain all the information described in the previous subsection.
• Document confirming payment of the state fee: This may be a receipt, payment order or other document confirming the payment of the state fee for the registration ofthe collective TM. Please note that the amount of the fee is subject to change, so you should check the current information on the website of the Ukrainian National Intellectual Property Office.

3. Processing time and possible requests:

It takes 12-15 months for the examination of an application. During this time, the examiners of the Ukrainian National Research and Development Institute conduct a formal examination and a qualification examination of the application. In case of any deficiencies or the need to clarify the information, the applicant is sent a request by the UKNOVI. It is important to respond to the request in a timely and correct manner to avoid refusal of registration.

4. Additional tips:

• Pay attention to the correct indication of the classes of the Nice Classification for goods/services.
• Make sure that the image of the collective TM complies with the requirements of the Ukrainian Trademark and Trademark Office.
• Keep up to date with changes in legislation and current state fees.

Careful preparation and compliance with all requirements will help you successfully apply for and obtain a collective trade mark certificate

Subsection 3.3: Payment of state fees

The payment of state fees is an integral part of the procedure for registering a collective trademark with the UkrainianTrademark and Trademark Office. The amount of fees depends on several factors and is important to take into account when planning the budget for registration. Late or incomplete payment of fees may result in a delay or even refusal to register collective TM.

What affects the amount of state fees:

• The number of classes of the Nice Classification: A separate fee is paid for each class of the Nice Classification in which the applicant wishes to register the collective TM. The more classes, the higher the total amount of fees. It is important to choose the classes carefully to ensure that you get the protection you need, but avoid unnecessary costs.
• How to apply:: The fee may vary depending on the method of application (online, in person, by post). Usually, online submission is cheaper.
• Actions performed with the application: In addition to the filing fee, there are also fees for other actions that may be required during the registration process, such as amending the application, conducting an examination, issuing a certificate, etc.

Where to find up-to-date information on the fees:

• The official website of the Ukrainian National Intellectual Property Office: The most up-to-date information on the amount of state fees can always be found on the official website of UKRNOVO in the section “Payments”.
• Consultation with a specialist: To obtain detailed information and calculate the cost of registration in your particular case, we recommend that you contact a patent attorney or a lawyer specialising in intellectual property.

Timely and full payment of state fees is a prerequisite for the successful registration of the collective TM. Any delays or mistakes in payment may result in a delay in the processing of the application or even in the refusal of registration.

The payment of state fees is a formality, but a very important formality that directly affects the success of the registration of the collective TM. Careful planning and timely payment of fees will help you avoid unpleasant surprises and ensure timely protection of your brand. Provide “Conclusions”.

Conclusion.

The collective trademark is a powerful tool for associations of entrepreneurs to effectively promote goods and services, guarantee their quality and protect common interests from unfair competition. Registration of a collective TM provides a number of advantages, including joint promotion, increased consumer confidence, protection against counterfeiting and strengthening of market positions. The registration procedure involves drafting a regulation on the use of TM, filing an application with the Ukrainian Trademark Office and paying state fees. Although the registration process requires some effort and time, the collective TM is an important investment in the future of your association, which will help you achieve success and sustainable development. We recommend that you carefully approach each stage of the registration process and, if necessary, contact an intellectual property specialist for expert assistance.

For more detailed information on branding and intellectual property protection, we invite you to read the following articles: “How to Choose a Memorable Name for a Trademark” and “Challenging a Trademark Registration: Grounds and Procedure”.