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December 17th, 2020

Collective mark, certification or guarantee mark

The collective mark (European Union or French) and the certification mark (in the EU, available since October 1, 2017) or guarantee mark (French) are special types of trade marks. The EU certification mark has only been available since October 1, 2017, while the French "certification" mark became a "guarantee" mark on December 9, 2019.

The collective mark is used to indicate the commercial origin of products and/or services by informing consumers that they come from a member of a given association. The applicant for such a trade mark is either an association of manufacturers, producers, service providers or merchants, or a legal entity under public law (if its organization is similar to an association). Along with the collective mark must be filed its regulations of use, indicating in particular the list of persons authorized to use the trade mark and the association conditions of membership.

The certification mark (in the EU) or guarantee mark (for France) certifies certain features of products and/or services. The applicant for such a trade mark must be independent of the interests of the producers of the goods or providers of the services concerned. The applicant must be a legal entity or a natural person, whereas prior to December 9, 2019, such a filing was not open in France to natural persons. Along with this trade mark must be filed its regulations of use, indicating in particular the goods and/or services features to be certified, and the verification and control measures put in place by the owner.


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