Which measures are available to the holders of guarantee or collective trademarks according to Article 22a of the Trademark Act (amended trademark act)?
The holder of a guarantee or collective mark title cannot exercise all of the exclusive rights of a trademark owner. He can only uphold his rights vis-a-vis users who do not meet the list of attributes for the indication of source or geographic indication which is protected as a trademark. Similarly, he can oppose the registration of a later trademark if the trademark is registered for identical or similar goods and includes a corresponding indication of source or geographical indication or similar sign. Thus, Interprofession du Gruyère could file opposition against a later trademark which contained the designation Gruyère and was registered for cheese. This trademark will be cancelled in the register, however its owner will be able to continue using the designation Gruyère on its goods for commercial purposes. Interprofession could go to court against the trademark owner only if the use of the designation Gruyère would not correspond to the list of attributes.
Related Questions
- Which measures are available to the holders of guarantee or collective trademarks according to Article 22a of the Trademark Act (amended trademark act)?
- May patent or trademark applicants serve as PAC members? What about patent holders and employees of patent holders?
- Does the new law mirror the Article breach provisions of the Unit Titles Act?
