PROTECTION OF CONSUMERS THROUGH

COLLECTIVE MARKS
A research prepared submitted in partial fulfilment of the course
Intellectual Property Law for obtaining the degree BBA LLB (Hons.)
for the academic year 2021-2022

Submitted by
RAHUL KUMAR
2032
Submitted to
Prof. Dr. S.C. Roy

Aug. 2021
Chanakya National Law University, Patna
Mithapur Nayaynagar, Patna

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 INTRODUCTION

The trademark law includes within its scope a separate category of marks known as collective marks. The
World Intellectual Property Organization (WIPO) has defined these collective marks as “signs which distinguish
the geographical origin, material, mode of manufacturing or other common characteristics of goods or services
of different enterprises using the collective mark.” 1 The owner of a collective mark are members of an
association of such enterprises.

A collective mark is defined under Section 2(1)(g) of the Trademark Act, 1999 as a “trademark distinguishing
the goods or services of members of an association of persons [not being a partnership within the meaning of
the Indian Partnership Act, 1932] which is the proprietor of the mark from those of others.” 2 Therefore, the
Trade Marks Act, 1999 has made special provisions under Chapter VIII for the registration of collective marks.

Moreover, the use of collective marks is governed by regulations which prescribe certain standards that need
to be complied with by the members of the owner of a collective mark. In this regard the Trade Marks Rules,
2017 prescribes special provisions for collective trademarks.

The products which are peculiar to a region can be promoted using collective marks. The use of a collective
mark helps to market the products domestically as well as internationally, thereby developing better
cooperation among the local producers. Most importantly, a collective mark provides crucial information
about the distinctive features of a product to the public for which the collective mark is used.

 Aim
The current research dwell into the world of intellectual property to understand the importance of
the properly developed entirely through the application of mind. The research is carried out with the
aim to understand the nature and scope of intellectual properties.

 Objective
1. The objective of the research is to understand the nature and extent of collective marks.
2. The research further appraises the protection it grant to the consumer through law.

 Research methodology
In this part the researcher outlines the research strategy, sources of data, the research method and
the second part deals with review of literature.

1. Research strategy

The research held with respect to the given topic was an applied one, but not new. As such, the
proposed research took the form of a new research but on an existing research subject.

2. Sources of Data

1
https://www.wipo.int/sme/en/ip_business/collective_marks/collective_marks. (last visited on Aug. 10, 2021)
2
The Trade Marks Act, 1999 (Act 57 of 1999), s. 2(1)(g).

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 Secondary data is used in this project. Secondary data are the data collected by a party not related to
the research study but collected these data for some other purpose and at different time in the
past. If the researcher uses these data then these become secondary data for the current users.
Secondary data is also used to gain initial insight into the research problem. Secondary data is
classified in terms of its source – either internal or external. The present study relies on information
drawn from various secondary sources including books,
journals, and government survey reports.

3. Research Methods

This project is based upon doctrinal method of research. It has been done after a thorough research
based upon intrinsic and extrinsic aspects of the project.

 Hypotheses
The researcher while undertaking the research hypotheses that
1. The collective mark works as an indication of individuality and uniqueness.
2. The collective mark protects the interests of consumers through the identification it
provides
3. The collective mark protects the interests of authored members granting them the sole
authority to use such mark.

 Chapterisation

1. Meaning
o Trademark
o Collective mark

2. Collective mark under Trade Marks Act, 1999

3. Types of collective mark
 Collective or service mark
 Membership mark

4. Advantages of collective marks

5. Collective mark: A protective Barrier
6. Case study – collective mark
7. Conclusion
8. References

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References