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PART 4 COLLECTIVE MARKS 97. Collective Marks (1) Any sign capable of being protected as a trade mark within the meaning of Section 3 and capable of distinguishing the goods or services of the members of the proprietor of the collective mark from those of other undertakings according to their origin from a given enterprise or their geographical origin, their nature, quality or other properties may be registered as a collective mark. (2) The provisions of this Law shall apply to collective marks unless otherwise provided for in this part of the Law. 98. Proprietorship Filed or registered collective marks may only be owned by associations having legal capacity including umbrella and head organizations having legal capacity and whose members are themselves associations. Legal persons governed by public law have the same status as these associations. 99. Registrability of Indications of Geographical Origin as Collective Marks In derogation from Section 8(2), No. 2, signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute collective marks. 100. Restrictions on Protection; Use (1) In addition to the restrictions of protection resulting from Section 23, registration of an indication of geographical origin as a collective mark shall not entitle the proprietor to prohibit a third party from using such indications in the course of trade, provided such use is in accordance with the accepted principles of morality and does not contravene Section 127. (2) Use of a collective mark by at least one person who has authority to do so or by the proprietor of the collective mark shall be deemed to constitute use within the meaning of Section 26. 101. Right of Action; Damages (1) Unless otherwise provided in the regulations governing use of the collective mark, persons who have authority to use the collective mark may bring an action for infringement of a collective mark only with the consent of the proprietor. (2) The proprietor of a collective mark shall also be entitled to claim compensation for the damage sustained by persons who have authority to use the mark in consequence of unauthorized use of the collective mark or a similar sign. 102. Regulations Governing Use of the Mark (1) The application for a collective mark must be accompanied by regulations governing use of the mark. (2) The regulations governing use of the mark shall at least specify 1. the name and the seat of the association; 2. the purpose and representation of the association; 3. the conditions of membership; 4. information on the group of persons having authority to use the collective mark; 5. the conditions of use of the collective mark; 6. the rights and obligations of the parties concerned in the event of infringement of the collective mark. (3) If the collective mark consists of an indication of geographical origin, the regulations governing use of the mark must provide that any person whose goods or services originate in the geographical area concerned and fulfill the conditions for use set out in the said regulations shall be authorized to become a member of the association and shall be admitted to the group of persons who have authority to use the mark. (4) Anyone may inspect the regulations concerning use of the mark. 103. Examination of the Application In addition to refusal under Section 37, the application for a collective mark shall also be refused if it does not satisfy the requirements of Sections 97, 98 and 102 or if the regulations governing use of the mark are contrary to public policy or to accepted principles of morality, unless the applicant amends the regulations concerning use of the mark in such a way that the ground for refusal ceases to exist. 104. Amendments of the Regulations Governing Use of the Mark (1) The proprietor of the collective mark must communicate to the Patent Office any amendment to the regulations governing use of the mark. (2) In the case of an amendment to the regulations governing use of the mark, Sections 102 and 103 shall apply mutatis mutandis. 105. Revocation (1) In addition to the grounds for revocation provided for in Section 49, the registration of a collective mark shall upon request be canceled on the ground of revocation 1. if the proprietor of the collective mark no longer exists; 2. if the proprietor of the collective mark does not take reasonable steps to prevent the collective mark being wrongfully used in a manner incompatible with the purpose of the association or the regulations governing use of the mark; or 3. if an amendment to the regulations governing use of the mark has been entered in the Register in breach of the provisions of Section 104(2) unless the proprietor of the mark further amends the said regulations in such a way that the ground for cancellation ceases to exist. (2) Wrongful use within the meaning of subsection (1), No. 2, shall in particular be deemed to exist if the collective mark is used by persons other than those authorized to use the collective mark in a manner suited to deceive the public. (3) The request for cancellation under subsection (1) shall be filed with the Patent Office. The procedure shall be governed by Section 54. 106. Nullity Because of Absolute Grounds for Refusal In addition to the grounds for nullity provided for in Section 50, the registration of a collective mark shall upon request be canceled on the ground of nullity if it has been registered in breach of the provisions of Section 103. If the ground for nullity relates to the regulations concerning use of the mark, the registration shall not be canceled if the proprietor of the collective mark amends the said regulations in such a way that the ground for nullity ceases to exist.

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