A collective mark is a type of trademark that is used to show consumers that particular goods and/or services, or their providers, have met certain standards. Select from the headings below to learn more.
Examples of collective marks and how members use them
Does a collective mark have to include certain wording?
How does a collective mark differ from a certification mark?
Who can apply to register a collective mark?
What are the requirements to apply for a collective mark?
What is a “filing basis” and why is it required in a collective mark application?
What are the requirements for each filing basis?
Use-in-commerce filing basis
Intent-to-use filing basis
Foreign registration filing basis (rarely used for a collective mark)
Foreign application filing basis (rarely used for a collective mark)
Can I have more than one filing basis in my application?
What is the difference between a filing basis and a registration basis?
What if I accidentally filed an application for the wrong type of mark?
Can a registered collective mark prevent registration of similar trademarks due to a likelihood of confusion?
Need to respond to an office action about your collective mark?
It’s a type of trademark used by members of a collective organization to indicate the origin of goods or services in members of the collective organization who meet the organization’s standards for admission. A collective mark identifies and distinguishes the members’ goods or services from those of nonmembers.
The collective organization does not sell goods or services under the collective mark, but may publicize the collective mark and can promote the goods or services sold by its members under the collective mark. For example, a collective organization of real estate professionals does not render real estate services, but rather indicates membership in the organization and may be used to promote the real estate services offered by its members.
For more information about a collective mark, see the Trademark Manual of Examining Procedure (TMEP) section 1303.
The collective mark IDAHO E. OREGON SPANISH SWEETS is used by its members for onions.1
The collective mark REALTORS is used by its members for real estate brokerage services.2
The collective mark NAPA is used by its members for automobile paints and coatings.3
The collective mark BEST WESTERN is used by its members for hotel services.4
The collective mark FTD is used by its members for online florist services.5
1U.S. Registration No. 1712025.
2 U.S. Registration No. 0515200.
3 U.S. Registration No. 0858805.
4 U.S. Registration No. 1432431.
5 U.S. Registration No. 4527843.
DISCLAIMER: References to particular trademarks, service marks, certification marks, products, services, companies, and/or organizations appearing on this page are for illustrative and educational purposes only and do not constitute or imply endorsement by the U.S. Government, the U.S. Department of Commerce, the U.S. Patent and Trademark Office, or any other federal agency.
Does a collective mark have to include certain wording?
No. Collective marks are not required to be in any specific form or include any particular wording.
How does a collective mark differ from a certification mark?
Collective marks and certification marks are very similar types of marks; both are used with goods or services and are owned by an organization that requires certain standards be met.
A collective mark indicates the origin of goods or services in members of a collective organization who meet the organization’s standards for admission. See examples below.
A certification mark certifies that goods or services meet certain standards set by the certifying organization. A certification mark does not require membership—the providers of the certified goods or services are “authorized users” of the certification mark. See examples below.
For more information about the difference between these types of marks, see TMEP section 1306.06(a).
For more information about certification marks, including examples of certification marks and how they are used, see the Certification mark page.
Who can apply to register a collective mark?
Generally, a collective organization can apply as the owner of the collective mark. A collective group or organization can be an association, cooperative, union, or other kind of organization.
No member may own the collective mark. The members of the collective organization may only use the collective mark, but they do not own it and so are not the proper party to apply for a collective mark.
For more information regarding who can apply for this type of mark, see TMEP section 1303.02(a).
What are the requirements to apply for a collective mark?
Requirements for a complete application:
The legal name, physical domicile street address (and mailing address, if different from the domicile address), and email address for each applicant.
The legal entity type of each applicant (e.g., partnership, joint venture, limited liability company, corporation).
The citizenship of each applicant or the jurisdiction under whose laws each applicant business is organized (U.S. state or foreign country).
NOTE: For a U.S. partnership or joint venture, also specify the names and citizenship or jurisdiction of the general partners of the partnership or active members of the joint venture. And for a sole proprietorship, also specify the U.S. state or foreign country of its organization and the name and citizenship of the sole proprietor.
A description of the collective mark if the mark is stylized or has a design.
An English translation or transliteration of non-English wording in your collective mark.
A drawing of the collective mark you seek to register.
A filing fee for each class of goods and/or services (see the current fee schedule).
A filing basis (see below, "What is a ‘filing basis’ and why is it required in a collective mark application?”).
A registration basis, if appropriate (see below, "What is the difference between a filing basis and a registration basis?")
A list of the goods and/or services with which your members will be or are using the collective mark. See the online Trademark ID Manual for a searchable listing of acceptable identifications of goods and services.
The numbered classification of the goods or services of the members, using International Classes 1-45. See the online Trademark ID Manual for a searchable listing of acceptable identifications of goods and services and their international classification.
If the applicant is, or must be, represented by a U.S.-licensed attorney, the application must include the attorney's name, postal and email addresses, and bar information.
If the applicant is, or must be, represented by a U.S.-licensed attorney, the application must include the attorney's name, postal and email addresses, and bar information.
To satisfy these requirements, file a Collective mark application form with the USPTO online.
See TMEP section 1303.01 for more information about the requirements of a complete collective mark application.
What is a “filing basis” and why is it required in a collective mark application?
A filing basis is the basis under federal law for filing an application for registration with the USPTO. There must be at least one filing basis in the application. And each filing basis has different legal requirements.
In the application, the collective organization may select from the four possible filing bases listed below; however, the filing bases listed under (3) and (4) are rarely used for collective marks:
Use-in-commerce filing basis (under Trademark Act section 1(a)) – means that at the time the application is filed for a collective trademark, the collective organization is up and running and has members who are currently providing goods that have actually been transported or sold commercially or services that have actually been rendered.
Intent-to-use filing basis (under Trademark Act section 1(b)) – means that at the time the application is filed the collective organization is not yet being used by members, but it has a bona fide intention to do so in the near future. A bona fide intent is a good faith intention to eventually use the collective mark in a real and legitimate way to indicate membership.
Foreign registration filing basis (under Trademark Act section 44(e)) – means that at the time the application is filed in the United States, the collective organization owns a foreign trademark registration of the same collective mark in the collective organization’s country of origin for the same goods or services. The collective organization must also have a bona fide intention to use the collective mark in the near future (see intent-to-use basis above).
Foreign application filing basis (under Trademark Act section 44(d)) – means that at the time the application is filed in the United States, the collective organization owns an earlier-filed foreign collective mark application that was filed within six months of the U.S. application for the same goods or services. This filing basis is also called a foreign priority basis because the collective organization would be requesting a “priority” filing date for the organization’s U.S. application—that is, the same date as the foreign application filing date. The collective organization must also have a bona fide intention to use the collective mark in the near future (see intent-to-use basis above).
The legal requirements for these four filing bases are specified in the section below called "What are the requirements for each filing basis?".
Information regarding a section 66(a) filing basis under the Madrid Protocol based on an international registration can be found in TMEP section 1303.01(a)(v) and on the Madrid Protocol for international trademark registration webpage.
What are the requirements for each filing basis?
An application must specify at least one of the four filing bases below. Click on each basis to see the application requirements.
Use-in-commerce filing basis
The collective organization may file or amend an application to one based on use of the collective mark in commerce under section 1(a) only if the collective mark is actually used in commerce with all the goods and/or services listed under this filing basis as of the application filing date.
When is a collective mark in use in commerce?
A collective mark is used in commerce for goods when (1) the collective organization has conferred membership on eligible parties that meet the organization’s standards for membership; (2) members have used the collective mark on their goods, packaging for those goods, or displays associated with those goods (including webpage displays); and (3) those goods are actually being sold or transported in commerce in the ordinary course of trade.
A collective mark is used in commerce for services when (1) the collective organization has conferred membership on eligible parties that meet the organization’s standards for membership; (2) members have used the collective mark in connection with the sale, advertising, or rendering of those services; and (3) those services are actually being rendered in commerce in the ordinary course of trade.
To assert a use-in-commerce filing basis, the application or response must include:
The following five statements:
Applicant believes the applicant is the owner of the mark, that the mark is in use in commerce.
Applicant is exercising legitimate control over the use of the mark in commerce by the members.
To the best of the signatory’s knowledge and belief, no other persons except members have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods or services of such other persons, to cause confusion or mistake, or to deceive.
The specimen shows the mark as used in commerce by the applicant’s members.
The facts recited in the application are accurate.
A statement specifying the nature of the applicant’s control over the members’ use of the collective mark (e.g., “Applicant’s control over the members’ use of the mark as specified in the applicant’s bylaws”).
The date of first use of the collective mark anywhere by a member in connection with the members’ goods or services (the date when an authorized user’s goods were first sold or transported, or services were first rendered, under the mark).
The date of first use of the collective mark in commerce by a member in connection with the members’ goods or services (the date when a member’s goods were first sold or transported, or services were first rendered under the mark in a type of commerce that may be lawfully regulated by the U.S. Congress).
One specimen showing how a member uses the mark in commerce with the member’s goods or services, and, if the specimen was not included in the initial application, the following statement: “The specimen was in use by the members in commerce in the application as of the application filing date.”
Verification, in an affidavit or signed declaration under 37 C.F.R. §2.20, of the above statements in 1, dates of use in 3 and 4, and the specimen statement in 5, if it was not provided with the initial application.
See TMEP section 1303.01(a)(i) for information about the required elements for the use-in-commerce filing basis.
Intent-to-use filing basis
The collective organization may file or amend an application to one based on a bona fide intention to use your collective mark in commerce under section 1(b). However, this filing basis is not a basis for registration, so the collective mark will not register until the application is properly amended to one based on use in commerce by filing a timely and acceptable allegation of use (amendment to allege use or statement of use), which requires that the collective organization establish use in commerce.
The collective organization may file or amend an application to one based on a bona fide intention to use the collective mark in commerce under section 1(b) if the collective organization can in good faith agree to the following information and statements, verifying the statements below in an affidavit or declaration, in the application or response.
The following three statements:
Applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce.
To the best of the signatory’s knowledge and belief, no other persons, except members, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the member’s goods or services of such other persons, to cause confusion or mistake, or to deceive.
The facts recited in the application are accurate.
For more information about the intent-to-use filing basis, see TMEP section 1303.01(a)(ii).
For more information about allegations of use, see TMEP sections 1104-1104.11, 1109-1109.18.
For more information about the general requirements for amending an intent-to-use application to use in commerce, see the Intent-to-use applications page.
Foreign registration filing basis (rarely used for a collective mark)
The collective organization may file or amend the U.S. application to one based on a foreign registration under section 44(e) if, in addition to the requirements under section 1(b) intent-to-use filing basis above, the application or response includes:
1. A copy of the foreign registration, which is current and in force, for the same collective mark from the collective organization’s “country of origin.”
NOTE: The country of origin is the country where the collective organization is incorporated or legally organized or has a bona fide and effective industrial or commercial business. The country of origin must also be a party to an international treaty or other international agreement that the United States has signed and agreed to and which extends reciprocal trademark registration rights by law to U.S. nationals.
2. An English translation of the foreign registration if it is not in English, signed by the translator.
See TMEP section 1303.01(a)(iv) for information about the required elements for the foreign registration filing basis.
Foreign application filing basis (rarely used for a collective mark)
Although the collective organization may file an application based on a foreign application and receive a priority filing date, this filing basis is not a basis for registration, so the collective mark will not register until the application is properly amended to one based on use in commerce or a foreign registration basis. For more information on these bases, see the sections above on requirements for use-in-commerce filing basis and foreign registration filing basis.
The collective organization may file or amend the U.S. application to request a priority filing date under section 44(d) based on an earlier-filed foreign application if, in addition to the requirements under section 1(b) intent-to-use basis above, your application or response includes:
A claim of priority, within six months of the filing date of the foreign application; and
The filing date, serial number, and country name of the first legitimately filed foreign application, or the following statement: “The U.S. application is based upon a subsequent regularly filed application in the same foreign country, and that any earlier-filed application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without having any rights outstanding, and has not served as a basis for claiming a right of priority.”
See TMEP section 1303.01(a)(iii) for information about the required elements for a foreign application filing basis.
Can I have more than one filing basis in my application?
Yes, as long as the collective organization meets the requirements for each filing basis under sections 1 and/or 44 that you claim. However, if the application was filed based on section 66(a), it can’t be combined with another filing basis. For more information about multiple bases, see the Basis page and TMEP section 1303.01(a)(vi).
What is the difference between a filing basis and a registration basis?
A filing basis is the basis under federal law for filing an application for registration with the USPTO. Each application must include at least one filing basis, and each filing basis has different legal requirements. See above for more information about filing bases.
A registration basis is the basis for registering a mark with the USPTO. There are two registration bases – (1) use in commerce under section 1(a) and (2) a foreign registration under section 44(e). If the collective organization filed an application based on section 1(b), an intent to use the mark in the near future, or section 44(d), based on a foreign application, then the collective organization must also satisfy the requirements for at least a use-in-commerce or section 44(e) basis before the collective mark may register.
For more information about the difference between these types of bases, see TMEP sections 806, 1003.03.
What if I accidentally filed an application for the wrong type of mark?
Generally, this can be fixed. The collective organization can make changes to the application to meet the requirements above. For example, the requirement for specifying a class will need to be fixed because collective marks are uniquely classified in U.S. Classes A (for goods) and B (for services). Classification and any other necessary corrections can be made by submitting a Voluntary Amendment or Response to Examining Attorney Office Action form online through our electronic filing system.
For more information about the requirements for a filing basis, see TMEP section 1306.02(a)-(a)(iv)(A).
Can a registered collective mark prevent registration of similar trademarks due to a likelihood of confusion?
Yes, if the relevant persons (i.e., members and prospective members of the collective organization as well as consumers and prospective consumers of the goods or services) are likely to believe that the trademark owner’s goods or services come from or are endorsed by or in some way associated with the collective organization.
See TMEP section 1303.02(b) for more information about likelihood of confusion between a collective mark and a trademark.
Need to respond to an office action about your collective mark?
Respond online using our electronic filing system. Follow the specific instructions below for collective marks, or get general information about responding to office actions.
To amend application to a use-in-commerce filing basis, section 1(a)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
WARNING: When submitting a verified statement or specimen, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping the declaration signature in the form will likely result in the refusal of the specimen and/or a requirement for a verified statement.
To amend the filing basis to a use-in-commerce basis under section 1(a) and add a statement about the applicant’s control:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
b. Check the box next to "Filing Basis Section 1(a)."
d. Enter dates of first use (anywhere and in commerce) in the two boxes below the “Filing Basis Section 1(a)” statement using the format MM/DD/YYYY.
e. Under “Specimen File,” click the gray button to attach a specimen (an image file attachment may not exceed 5 megabytes for a JPG file and 30 megabytes for a PDF file).
f. Describe what the specimen consists of in the box below, and provide the additional required information below that, if necessary, for a specimen that is a webpage.
g. Check the box next to the following statement below the specimen description and webpage information: “Check this box if specimens are now being submitted or were previously submitted unverified in the initial application.”
h. Uncheck the box next to any previous filing basis that was selected (skip this step if not applicable).
Under the heading “Additional Statement(s),” scroll down and check the box for a “Miscellaneous Statement.” Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.
To amend application to an intent-to-use filing basis, section 1(b)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
WARNING: When submitting a verified statement for this filing basis, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping signing the declaration in the form could result in the USPTO issuing a requirement for a verified statement.
To amend the filing basis to a use-in-commerce basis under section 1(a) and add a statement about the applicant’s control:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
c. Check the box next to “Filing Basis Section 1(b).”
d. Uncheck the box next to any previous filing basis that was selected (skip this step if not applicable).
Under the heading "Additional Statement(s)," scroll down and check the box for a "Miscellaneous Statement." Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.
To amend application to a foreign registration filing basis, section 44(e)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
WARNING: When submitting a verified statement for this filing basis, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping signing the declaration in the form could result in the USPTO issuing a requirement for a verified statement.
To amend the filing basis to a foreign registration filing basis under section 44(e) and add a statement about the applicant’s control:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
c. Check the box next to “Filing Basis Section 44(e).”
d. Provide the required data regarding the foreign registration in the ensuing boxes and attach a copy of the foreign registration (or proof of its renewal, if appropriate).
e. Uncheck the box next to any previous basis that was selected (skip this step if not applicable).
Under the heading “Additional Statement(s),” scroll down and check the box for a “Miscellaneous Statement.” Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.
To amend application to a foreign application filing basis, section 44(d)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
WARNING: When submitting a verified statement for this filing basis, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping signing the declaration in the form could result in the USPTO issuing a requirement for a verified statement.
Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
c. Check the box next to “Filing Basis Section 44(d).”
d. Provide the required data regarding the foreign application in the ensuing boxes.
e. Uncheck the box next to any previous filing basis that was selected (skip this step if not applicable).
Under the heading, “Additional Statement(s),” scroll down and check the box for a “Miscellaneous Statement.” Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.