Collective and Certification Marks Sample Clauses

Collective and Certification Marks. Each Party shall provide that trademarks include collective marks and certification marks. A Party is not obligated to treat certification marks as a separate category in its law, provided that those marks are protected. Each Party shall also provide that signs that may serve as geographical indications are capable of protection under its trademark system.10

Collective and Certification Marks. Some countries used the collective mark and/or certification mark to overcome the obstacles inherent in accord- ing trademark protection to geographical names. A collective mark would belong to an association or group whose members are entitled to use that mark, and 342 See, e.g., Wineworths Group Ltd. v. Comite Interprofessionel du Xxx xx Xxxxxxxxx,2 NZLR 327 [1991] (“Wineworths v. CIVC”), decided by the New Zealand Court of Appeal. Judge X. Xxxxx stated: “Champagne is a geographical name. When used in relation to wine the primary significance it would convey to persons who know that would be as the geographical origin of the product. If the name conveys something of the characteristics of the wine it is because those familiar with wine sold by reference to the name associate those characteristics with it. For suppliers the attracting force in the name constitutes a part of the goodwill of their business. That will be so whether the name is associated solely with one supplier or with a class of suppliers who stand in the same position to the name. The goodwill may be enjoyed among the whole population or among a particular market segment. That goodwill will be damaged if someone else uses the name in relation to a product in such a manner as to deceive purchasers into believing the product has the characteristics of products normally associated with the name when it does not. The damage may give rise to a claim for ‘passing off’ although deceptive trading would be a more accurate designation.” (2 NZLR 327, 336) 276 Geographical indications could (depending on the jurisdiction) incorporate a geographical name. A certi- fication mark would belong to a certifying person or body which, by affixing or allowing the affixing of the mark, would provide assurance with a set of rules or qualifications.343 There were and remain substantial differences in the way that collective and certification marks are regulated by national law. The Paris Convention provides: “Article 7bis Marks: Collective Marks