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What is a Collective mark? Can a collective mark be protected in India?

A collective trademark or collective mark in India is a trademark owned by an organization (such as an association), whose members use it to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization. Example-the “CA” device used by the Institute of Chartered Accountants. Such collective trademarks can be protected / registered in India .

As per section 61 (2) of the Trade Marks Act, 1999, the provisions of the Trade Marks Act shall apply to collective marks subject to the provisions contained in relation to a collective mark the reference in clause (zb) of sub-section (1) of section 2 to distinguishing the goods or services of one person from those of others shall be construed as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

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