Trade Marks Act 1994

Regulations governing use of collective markU.K.

5(1)An applicant for registration of a collective mark must file with the registrar regulations governing the use of the mark.U.K.

(2)The regulations must specify the persons authorised to use the mark, the conditions of membership of the association and F1... the conditions of use of the mark, including any sanctions against misuse.

[F2(3)Where the regulations govern use of a mark referred to in paragraph 3(1), they must authorise any person whose goods or services originate in the geographical area concerned to become a member of the association which is the proprietor of the mark, provided that the person fulfils all the other conditions of the regulations.]

[F3(4)] Further requirements with which the regulations have to comply may be imposed by rules.

Textual Amendments

F1Words in Sch. 1 para. 5(2) omitted (14.1.2019) by virtue of The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 33(2)(a) (with Pt. 5)

F2Sch. 1 para. 5(3) inserted (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 33(2)(c) (with Pt. 5)

F3Words in Sch. 1 para. 5(2) renumbered as Sch. 1 para. 5(4) (14.1.2019) by The Trade Marks Regulations 2018 (S.I. 2018/825), regs. 1(1), 33(2)(b) (with Pt. 5)