Collective Brands

C HAPTER V. – Collective marks Art. L715-1 The mark is said to be collective when it can be used by any person respecting the rules of use established by the holder of the registration. The collective certification mark is applied to the product or service which presents in particular, as to its nature, properties or qualities, the characteristics specified in its regulations. Art. L715-2 The provisions of this book are applicable to collective marks, subject, with regard to collective certification marks, to the specific provisions below as well as those of Art. L715-3:

1. A collective certification mark can only be registered by a legal person who is neither a manufacturer, nor importer, nor seller of the products or services;
2. The filing of a collective certification mark must include a regulation determining the conditions to which the use of the mark is subject;
3. The use of the collective certification mark is open to all persons, other than the holder, who provide products or services meeting the conditions imposed by the regulations;
4. The collective certification mark may not be subject to assignment, pledge, or any enforcement measure; however, in the event of the dissolution of the legal person which holds it, it may be transferred to another legal person under conditions set by decree of the Council of State;
5. The registration request is rejected when it does not meet the conditions set by the legislation applicable to certification;
6. When a certification mark has been used and has ceased to be protected by law, it cannot, subject to the provisions of Art. L712-10, be neither deposited nor used for any purpose before a period of ten years.

Art. L715-3

The invalidity of the registration of a collective certification mark may be pronounced at the request of the public prosecutor or at the request of any interested party when the mark does not meet one of the requirements of this chapter. The annulment decision has absolute effect.