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Certification MarkCertification mark Definition A certification mark is a type of trade mark whereby a trader uses the mark to indicate the origin, material, mode of manufacture of products, mode of performance of services, quality, accuracy of other characteristics of products or services. They are generally used by industrial standards bodies or certification companies to demonstrate that a product or service meets a certain standard. A standard or ordinary trade mark is used as 'badge of origin', ie. it used to indicate that the commercial origin of a product or service lays with a particular business. A certification mark is an exception to this fundamental trade mark principle, in that a variety of businesses may be accredited to use a certification mark. Certification marks differ from collective trade marks. The main difference is that collective trade marks may be used by particular members of the organisation which owns them, while certification marks may be used by anybody who complies with the standards defined by the owner of the particular certification mark. Certification marks may be registered as such in several countries. However, in most countries, it may only be possible to register the mark as an ordinary trade mark in relation to quality control and similar services. Certification marks can be owned by independent companies absolutely unrelated in ownership to the companies, offering goods or rendering services under the particular certification mark. The regulations concerning the use of the mark National trade mark laws in some countries (such as the United States or Hungary) provide for the filing of the regulations as an additional requirement for registration of certification marks. The regulations shall normally specify: - the name and seat of the owner,
- the conditions of use of the certification mark,
- the prescriptions relating to the control of the use of the certification mark,
- the order of proceedings against unauthorized use of the certification mark.
The main purpose of the regulations is to protect consumers against misleading practices. Examples of certification marks Examples of certification marks include: Underwriters Laboratories holds a service mark on the phrase "UL Listed," and allows manufacturers of electrical equipment to use the service mark only if they have been approved by UL. This lets consumers identify products that meet quality criteria set by a company other than the manufacturer. The "Woolmark" certification mark, used to identify goods which contain wool;
International treaties and certification marks Many jurisdictions have been required to amend their trade mark legislation in order to accommodate the requirement of protection of certification marks under TRIPs. Cases Cases involving certification marks include: See also
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