The collective trade mark differs from the ordinary individual trade mark discussed above primarily in terms of ownership. The owner of a collective mark must be an association under private or public law with legal capacity, whereby the (harmonised) term 'association' is not defined in the law (Art. 74 I 2 EUTMR or Section 98 MarkenG). However, if there is capacity and a membership structure with certain possibilities for the members to influence the trade mark statutes, the association status will be affirmed.
In practice, collective marks are usually applied for by associations with legal capacity, but also by cooperatives or companies. Furthermore, umbrella organisations and umbrella associations whose members are themselves associations can also apply for collective marks.