[Direct answer]In the Beijing area, the core differences between collective trademarks and ordinary trademarks lie in the registration subject, the users, and their functions. According to Article 3, Paragraph 2 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), collective trademarks are registered in the name of groups, associations, or other organizations, and are used by the members of the organization in commercial activities to indicate their membership status; ordinary trademarks are registered by enterprises, individual businesses, etc., and are used by the registrants themselves or licensed to others, with the function of distinguishing the source of goods or services. Collective trademarks cannot be licensed to non-members, and their transfer is also subject to the use management rules; ordinary trademarks can be legally transferred or licensed. The choice of which type to use depends on whether the protection is aimed at the identity of the organization's members or the owner's own brand. For more details, please refer to the relevant provisions.Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

Common scenarios include: industry associations hoping to standardize logos for members to share; cooperatives and chambers of commerce wanting to register regional brands under the organization's name; enterprises concerned about whether their own trademarks and collective trademarks can be used concurrently; and disputes arising from unclear ownership of trademarks licensed for use in franchise operations. There are numerous industry associations, chambers of commerce, and professional cooperatives in the Beijing area, and the use of collective trademarks is becoming increasingly common in the branding process of agricultural products and service industries. The two have different natures, and the application materials, usage rules, and protection methods vary accordingly. Choosing the wrong type can lead to failed protection.

II. Key points of contention

The practical disputes focus on three points. Firstly, the qualification of the registration subject: the applicant for a collective trademark must be a group, association or other organization. Enterprises or individuals cannot apply. The scope of applicants for ordinary trademarks is broader. Secondly, the right to use: collective trademarks are only allowed to be used by organization members in accordance with management rules, and non-members are not allowed to use them. Ordinary trademark registrants can use them independently and license them to others. Thirdly, transfer and protection: the transfer of collective trademarks is subject to rules, while the transfer and licensing of ordinary trademarks are more flexible. Regardless of the type, using others' registered trademarks without authorization may constitute infringement, and the infringer shall bear the responsibility to stop the infringement and compensate for the losses.

III. Professional analysis by Henglue Lawyers

The experience of Henglu Law Firm in handling disputes over trademark licensing and franchising shows that the type of trademark determines the rights of use and the path to protecting rights. Taking a franchising contract dispute handled by our firm as an example: On August 31, 2018, Ms. Feng signed a franchise agreement with a certain education technology company, paying a cooperation service fee of 98,000 yuan. The agreement stipulated that Ms. Feng would establish a single-school education institution in a designated area and receive technical support and management consulting from the other party. However, the other party frequently replaced staff until they became uncontactable. After investigation, it was found that the other party did not obtain the corresponding franchising qualifications, and the relevant trademarks had also been invalidated. Ms. Feng entrusted Attorney Xiong Binrong of Beijing Henglu Law Firm to protect her rights. The attorney used chat records to prove that the other party failed to provide substantive assistance and went missing, and submitted screenshots of franchising management information and a trademark invalidation ruling, pointing out that the agreement possessed the franchising characteristics of "unified business model + license of business resources + payment of consideration". The court determined that the case was a franchising contract dispute and that the statute of limitations had not passed, and based on the principle of fairness, it ordered the return of the cooperation service fee of 68,600 yuan. This case illustrates that whether it is a franchising license or the use of a collective trademark by members, the use of others' trademarks must be based on legal registration and valid authorization. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The main legal basis includes Article 3 (Registration of Trademarks and Definition of Collective Trademarks) and Article 42 (Transfer of Registered Trademarks) of the Trademark Law (amended on April 23, 2019 and implemented on November 1, 2019); Article 43 (Use License of Registered Trademarks) of the Regulations on the Registration and Management of Collective Trademarks and Certification Trademarks (implemented since February 1, 2024), which sets out detailed requirements for application subjects, use management rules, and member use; for franchising operations, Article 7 of the Regulations on the Management of Commercial Franchising (implemented since May 1, 2007) requires franchisors to meet conditions such as "two stores within one year". Practical suggestions: Organizational entities should first establish use management rules before applying for collective trademarks; enterprises with their own brands should prioritize registering ordinary trademarks, and if they need to use shared logos, they should evaluate the use of collective trademarks; for use of others' trademarks in licensing or franchising, they should verify the registration status and validity before signing contracts and stipulate rights and obligations in writing. These can be combined with other legal provisions to ensure legal compliance in trademark use.Business and contract dispute services for enterprisesImprove the contract terms.

5. Henglu Law Firm's Reminder

Choosing the wrong trademark type is a common mistake: applying for a collective trademark in the name of an enterprise will be rejected, and if an organization misuses an ordinary trademark, it will be difficult to restrict its members from using it. The registrant of a collective trademark is not necessarily the user by default. Its value lies in management rather than self-use. Before applying, the applicant should carefully consider its positioning. During the use phase, it is necessary to keep the member roster, license contracts, and supervision records to prevent the risk of infringement caused by using the trademark beyond the scope of authorization or having the trademark revoked due to continuous non-use. When involving the use of others' trademarks in franchising or joint ventures, first check the registration status and authorization chain before making payments; if a dispute arises, promptly collect evidence and refer to it for reference.Special services and other case servicesEvaluate the refund and claim process.

VI. Frequently Asked Questions

Q1: Which is more reliable, a collective trademark or an ordinary trademark?

The two types of trademarks protect different objects, so it's not possible to say which one is more secure. Collective trademarks protect the shared logos and collective reputation of organization members, and are suitable for associations, cooperatives, and other organizations to unify their brands. Ordinary trademarks protect the registrant's own brands, and enterprises often use this type to operate their own products and services. If you are an industry organization and want members to share a common brand, choose a collective trademark; if you want to build your own brand, register an ordinary trademark directly. The two types can also be deployed in parallel and are not mutually exclusive.

Q2: What materials are needed to apply for a collective trademark?

It mainly includes: the applicant's legally registered main qualification certificate (group, association or other organization), the rules of use and management (membership conditions and procedures for joining and leaving, quality requirements for the products used, and methods of management and supervision), a list of collective members, and a description of the geographical scope of the products or services involved. Compared with ordinary trademarks, the rules of use and management are the core review content. Incomplete rules are a common reason for rejection, so it is recommended to have a lawyer or agency assist in drafting and reviewing them.

Q3: Is the cost of registering a collective trademark the same as that of a regular trademark?

All official fees shall be paid in accordance with the current trademark charging standards, and there is no additional charge for collective trademark applications. The main differences lie in the upfront costs - collective trademarks require drafting rules for use and management, organizing member materials, and often require professional services, resulting in higher hidden costs than ordinary trademarks. Subsequently, it also involves continuous investment in member management and quality supervision. Specific official fees shall be subject to the national regulations in effect at the time of payment, and agency service fees shall be subject to the provisions of the entrustment contract.

Q4: How long does it take from applying for a collective trademark to getting it registered?

In line with the general trademark registration process: According to Article 28 of the Trademark Law, the Trademark Office completes the review within nine months from the date of receipt of the application. If there are no objections after the preliminary review and announcement for three months, the registration will be approved, which usually takes about a year. However, due to the more complex materials of collective trademarks, the correction and defense may prolong the review period; if there are objections, the review of the objections and even subsequent procedures will be necessary. It is recommended to set aside more than a year for preparation and to plan the launch of the brand and the recruitment of members in advance.

Q5: What should we do if we find that others are using our collective trademarks without authorization?

The first step is to secure evidence: notarize the purchase, archive the screenshots, and record the other party's usage methods and sales scale. The second step is to verify whether the other party is a member of the organization and whether they are using it in accordance with the management rules. The third step is to distinguish and handle the situation - for non-members who use it without authorization, send a warning letter and file a complaint with the market supervision department or initiate infringement litigation. The compensation can be determined by referring to the license fee and the circumstances of the infringement. For members who use it beyond the scope of authorization, handle it in accordance with the management rules and require rectification. It's better to protect your rights as soon as possible. If necessary, hire a lawyer to develop a plan.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.