We have had several examples over the last year of clients with existing trademark registrations that were directed to the services provided not by the client themselves, but by duly authorised businesses in a particular trade.
In some cases, the client was a trade association which allowed its members to use the marks to indicate membership of the association. In another case the client was a body which specified standards for operation in a particular field and allowed those meeting those standards to use the mark as reassurance to the public.
In such circumstances, there are different types of trademark registration known as Collective marks or a Certification marks that may be required– there is a risk that an ordinary trademark registration could face revocation proceedings if no real trademark use by the proprietor of the mark itself has occurred during the first five years after registration.
Which form of registration to choose is not always straightforward, and the requirements for Collective or Certification Mark registrations – Regulations relating to use of the marks by others, for example – need careful attention. But broadly speaking, where use of a mark indicates membership of a trade association, a Collective mark may be appropriate, while a Certification Mark indicates that the user meets certain specified standards in its work. The owner of a Certification Mark cannot itself supply goods or services that it certifies.
If you are not sure that your organisation has the proper protection for its trademarks, get in touch with Tim Fray or Keith Loven on 01522 801111 today.