A European Union collective mark ('EU collective mark') shall be an EU trade mark which
is described as such when the mark is applied for and is capable of distinguishing the
goods or services of the members of the association which is the proprietor of the mark
from those of other undertakings. Associations of manufacturers, producers, suppliers of
services, or traders which, under the terms of the law governing them, have the capacity in
their own name to have rights and obligations of all kinds, to make contracts or accomplish
other legal acts, and to sue and be sued, as well as legal persons governed by public law,
may apply for EU collective marks.
By way of derogation from Article 7(1)(c), signs or indications which may serve, in trade,
to designate the geographical origin of the goods or services may constitute EU collective
marks within the meaning of paragraph 1. An EU collective mark shall not entitle the
proprietor to prohibit a third party from using in the course of trade such signs or
indications, provided that he uses them in accordance with honest practices in industrial or
commercial matters; in particular, such a mark shall not be invoked against a third party
who is entitled to use a geographical name.
Chapters I to VII and IX to XIV shall apply to EU collective marks to the extent that this
section does not provide otherwise.