Chapter VIII - Collective Marks
Section 61
Section 61: Special rules for collective marks
Collective marks use the general Act subject to their special chapter, distinguishing association members’ goods or services from others.
On this page
Need advice on Section 61?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter.
(2) In relation to a collective mark the reference in clause (zb) of sub-section (1) of section 2 to distinguishing the goods or services of one person from those of others shall be construed as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.
Rule and business relevance
The association is proprietor and the distinguishing function concerns its members. The definitions and use regulations must be read together with these special provisions.
Limits and related provisions
A collective mark is not simply joint ownership by independent traders, and it differs from a certification mark. Identify the actual association and authorised membership.
Hypothetical business example
Hypothetical example: An eligible trade association develops a mark for members’ products and designs its registration around collective use rather than treating every member as a separate proprietor.
Practical decision flow
Identify the association and member-use purpose.
Check the collective-mark definition and eligibility.
Apply the special chapter together with general registration rules.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the association and member-use purpose.
- Check the collective-mark definition and eligibility.
- Apply the special chapter together with general registration rules.
Avoid
- A collective mark is not simply joint ownership by independent traders, and it differs from a certification mark. Identify the actual association and authorised membership.
Glossary
- Collective distinction
- Distinguishing members’ goods or services from those of others.
- Association proprietor
- The association owning the collective mark in the statutory arrangement.
Frequently asked questions
Does the general Act stop applying?
No. It applies subject to the chapter’s special provisions.
Is a collective mark identical to certification?
No. They are separate statutory categories.
Whose goods or services are distinguished?
Those of the proprietor association’s members.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026