CHAPTER VII: COLLECTIVE TRADE MARKS

 

Article 61

(1) An application for registration of a trade mark or a service mark as a collective trade mark shall only be accepted if it is clearly stated in said application for registration that the mark will be used as a collective trade mark.

(2) In addition to the affirmation on the use of a collective trade mark as intended by paragraph (1), said application for registration must be accompanied by a copy to the regulation on the use of said trade mark as a collective trade mark, signed by the owner of the trade mark concerned.
  1. The regulation on the use of a collective trade mark as referred to in paragraph (2) must contain, among others:
  1. the nature, the general characteristics, or the quality of the goods or services, the production and trading of which will use said collective trade mark;
  2. provisions for the owner of the collective trade mark to conduct effective supervision of the use of said trade mark in accordance with the regulation; and
  3. sanctions for violations of the regulation on use of the collective trade mark.

 

Article 62

An application for registration of a collective trade mark shall be subject to an examination of the completeness of requirements as referred to in Article 9, Article 10, Article 12, Article 13, and Article 61.

 

Article 63

Where as a result of the examination of an application for registration of a collective trade mark, the Trade Mark Examiner concludes that the application for registration of a trade mark as a collective trade mark may be approved, the Trade Mark Office shall:

  1. register said trade mark in the General Register of Trade Marks by attaching a copy of the regulation on use of said trade mark; and
  2. announce the registration of the collective trade mark together with the regulation on its use in the Official Gazette of Trade Marks.

 

Article 64

(1) A change in the regulation on the use of a collective trade mark must be filed to the Trade Mark Office for recording accompanied by a valid copy evidencing said change.

(2) The Trade Mark Office shall record the change as referred to in paragraph (1) in the General Register of Trade Marks, and announce it in the Official Gazette of Trade Marks.

(3) A change in the regulation on the use of a collective trade mark shall be effective for third parties after it has been recorded in the General Register of Trade Marks.

(4) The recording of a change in the regulation on the use of a collective trade mark as referred to in paragraph (1) shall be subject to a fee, the amount of which shall be further stipulated in a Ministerial Decree.

 

 

Article 65

The owner of a registered collective trade mark may only use said trade mark together with another person and or legal entity that also uses the collective trade mark concerned, where the conditions for such use are clearly stated in the regulation on the use of the collective trade mark.

 

Article 66

(1) Ownership of a registered collective trade mark may be transferred only to recipients capable of conducting effective supervision in accordance with the regulation on the use of the collective trade mark.

(2) The transfer of rights to a registered collective trade mark as referred to in paragraph (1) must be filed to the Trade Mark Office for recording.

(3) The Trade Mark Office shall record the transfer of rights as referred to in paragraph (2) in the General Register of Trade Marks and announce it in the Official Gazette of Trade Marks.

(4) The recording of the transfer of rights to a registered collective trade mark as referred to in paragraph (2) shall be subject to a fee, the amount of which shall be stipulated in a Ministerial Decree.

 

Article 67

A registered collective trade mark may not be licensed to another person or legal entity.

 

Article 68

  1. The Trade Mark Office may delete the registration of a collective trade mark on the basis of:
  1. a request of the owner of the collective trade mark with a written consent of all users of the collective trade mark;
  2. sufficient evidence that the collective trade mark has not been used for 3 (three) consecutive years or more after the date of its registration;
  3. sufficient evidence that the collective trade mark is being used for kinds of goods or services which do conform with the types of goods or services for which registration was requested; or
  4. sufficient evidence that the collective trade mark is not being used in accordance with the regulation on the use of the collective trade mark.

(2) An application for deletion of a collective trade mark as referred to in paragraph (1) letter 1 shall be filed to the Trade Mark Office.

(3) The deletion of the registration of a collective trade mark as referred to in paragraph (2) shall be recorded in the General Registry of Trade Marks and announced in the Official Gazette of Trade Marks.

(4) The recording of the deletion of the registration of a collective trade mark as referred to in paragraph (3) shall be subject to a fee, the amount of which shall be stipulated in a Ministerial Decree.

 

Article 69

Third parties shall be able to file a request for the deletion of the registration of a collective trade mark to a District Court as referred to in Article 25 based on reasons as referred to in Article 68 letter b, letter c, or letter d.

 

Article 70

In addition to reasons for cancellation as referred to in Article 56 paragraph (1), cancellation of the registration of a registered collective trade mark may also be requested of a district court as referred to Article 52 for the cancellation of a registered collective mark, where the use of the collective trade mark is contrary to the provisions as referred to in Article 61 paragraph (1).

 

Article 71

All provisions in this Act shall be effective with respect to a collective trade mark, except to the extend stipulated otherwise in this Chapter.

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