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Home > Certification mark

1 Definition

A certification mark is a type of trade mark whereby a trader can use the mark to indicate the origin, material, mode of manufacture of goods, performance of services, quality, accuracy of other characteristics. They are frequently used by industrial standards bodies or certification companies to show "approval" of another product in some way.

Certification marks are exceptions to the underlying principle of trade marks in that most trade marks serve as "badges of origin" - they indicate the individual source of the goods or services. A certification mark, however, can be used by a variety of traders, rather than just one individual concern.

Certification marks are registered as such in some exceptional countries. In most countries, ordinary service marks may be registered with the specification of services covering quality control (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.

2 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.

3 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;

• the "Champagne" certification mark, used to indicate goods which have an appellation of origin of the Champagne region in France;

• the Bureau Veritas certification mark, used to indicate, for example, sea-worthiness of ships.

• Ⓤ (U in a full circle), the hechsher of the Union of Orthodox Congregations.

4 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.

5 Cases

Cases involving certification marks include:

• Re Legal Aid Board's Trade Mark Application (unreported 3 October 2000, UK CA)
• the Sea Island Cotton case [1989]RPC 87

6 See also

• collective trade marks
• trademark

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Topics: Certification Mark Marks Trade Services Goods Regulations...

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