Section 1(2) of the Trade Marks Act 1994 (the Act) states that:

(2) References in this Act to a trade mark include, unless the context otherwise requires, references to a collective mark (see section 49) or certification mark (see section 50).

Collective marks under section 49 of the Act:

49. - (1) A collective mark is a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings.

(2) The provisions of this Act apply to collective marks subject to the provisions of Schedule 1.

The main feature of a collective mark is that it is used as an indication to the relevant public that goods or services originate from a member of a particular association. It is therefore a sign of membership.  Examples of collective marks include Chartered Institute of Patent Attorneys (CIPA) for patent agents.  Schedule 1 contains in part certain exceptions to general rules in the Act such as an exception to the absolute ground under section 3(1), wherein:

a collective mark may be registered which consists of signs or indications which may serve, in trade, to designate the geographical origin of the goods or services

There are 14 sections in Schedule 1 dealing with collective marks.  In brief important ones are include:

an applicant for registration of a collective mark must file with the registrar regulations governing the use of the mark;

as well as the grounds under s46 of the Act, collective marks may be revoked because the proprietor has failed to observe, or secure the observance of, the regulations governing the use of the mark, or an amendment to the regulations means the no longer comply with the Act; and

a collective mark will be declared invalid or not registered if it is liable as regards the character or significance of the mark.  Collective marks in particular may need to indicate they are such.

Trademarkroom