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Dinkar Vidyarthi (Advocate)     29 August 2008

diffrence between collective trademark and well known trademark

Dear sir,

I would like to know that whatis the difference between collective trademark and well known trademark 



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 1 Replies

Manish Singh (Advocate)     29 August 2008

A collective trade mark can be obtained by an organization which can permit the members to use the mark. The association has to prepare and file a regulation with the Trade Mark Registry setting out the rules specifying standards and criteria for membership. Collective trade mark cannot be owned by individuals or a body corporate. It has to be a registered association or Trust having many members or beneficiaries.


Whereas a well known trade is that trade mark which ahs been acquired by the user of the said mark by using the said mark for a long period of time and which associates the owner to the goodwill and name-fame related to his service or products. A well known trade mark can be protected but an infringement case cant be filed in th e said case but still we can oppose any similar trademark to be registered.


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