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A certification mark on a commercial product or service is a registered mark that enables its owner ("certification body") to certify that the goods or services of a particular provider (who is not the owner of the certification mark) have particular properties, e.g., regional or other origin, material, quality, accuracy, mode of manufacture, being produced by union labor, etc. [1] The standards to which the product is held are stipulated by the owner of the certification mark. [2]
There are essentially three general types of certification marks: [3]
The term "certification mark" is very recent, so while discussing historical certification marks, terms "guild sign", "quality mark", "hallmark", and "trade mark" are used by researchers. [4]
A certification mark indicates a property standard or regulation and a claim that the manufacturer has verified compliance with those standards or regulations. The specific specification, test methods, and frequency of testing are published by the standards organization. Certification listing does not necessarily guarantee fitness-for-use. Validation testing, proper usage, and field testing are often needed.[ citation needed ]
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 USPTO states that a certification mark is "a type of trademark". [5] However, it "is a special creature, created for a purpose uniquely different from that of a trademark or service mark", since: [6] [1]
However, what is meant by a collective trade marks or certification mark differs from country to country. However, a common feature of these types of marks is that they may be used by more than one person, as long as the users comply with the regulations of use or standards established by the holder. Those regulations or standards may require that the mark be used only in connection with goods that have a particular geographical origin or specific characteristics. In some jurisdictions, the main difference between collective marks and certification marks is that the former may only be used by members of an association, while certification marks may be used by anyone who complies with the standards defined by the holder of the mark. The holder, which may be a private or a public entity, acts as a certifier verifying that the mark is used according to established standards. Generally, the holder of a certification mark does not itself have the right to use the mark. [7]
For various reasons, usually relating to technical issues, certification marks are difficult to register, especially in relation to services. One practical workaround for trademark owners is to register the mark as an ordinary trademark in relation to quality control and similar services.[ citation needed ]
Certification is often mistakenly referred to as an approval, which is not true.[ citation needed ] Organizations such as Underwriters Laboratories, TÜV Rheinland, NTA Inc, and CSA International will test the products according to standard procedures and "list" them as compliant to that standard. They do not approve anything except the use of the mark to show that a product has been certified for compliance with such specific standard. Thus, for instance, a product certification mark for a fire door or for a spray fireproofing product does not signify its universal acceptance for use within a building. Approvals are up to the Authority Having Jurisdiction (AHJ), such as a municipal building inspector or fire prevention officer.
Trademark laws in countries, such as the United States, [8] Australia, [9] and others that provide for the filing of applications to register certificate marks also usually require the submission of regulations, which define a number of issues,[ citation needed ] including:
The main purpose of the regulations is to protect consumers against misleading practices.[ citation needed ]
Primary jurisdiction | Body/mark | Image |
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International |
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Australia |
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Belgium |
| CEBEC |
Brazil |
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Canada |
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China |
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CIS |
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Eurasian Customs Union |
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European Union |
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France |
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Germany |
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Gulf Cooperation Council |
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India |
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Japan |
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Mexico | ||
Norway |
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South Korea |
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Sweden |
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Taiwan |
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Ukraine |
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United Kingdom |
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United States |
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Many jurisdictions have been required to amend their trade mark legislation to accommodate protection of certification marks under the TRIPs treaty.
Some jurisdictions recognise certification marks from other jurisdictions. This means good manufactured in one country may need not go through certification in another. One example is the European Union recognition of Australia and New Zealand marks based on an International treaty. [12]
Cases involving certification marks include:
Australian trade mark law is based on common-law use-based rights as well as the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Innovation and Science.
The European Union Intellectual Property Office (EUIPO) is a decentralised agency of the EU responsible for the registration of EU-wide unitary trade marks and industrial design rights. These exist alongside the intellectual property rights of individual EU member states, so the agency also works to harmonise EU-wide and national registration processes. Other responsibilities include the administration of the rights of certain products in the EU to carry geographical indications.
A collective trademark, collective trade mark, or collective mark is a trademark owned by an organization, used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.
A European Union trade mark or EU trade mark is a trade mark which is pending registration or has been registered in the European Union as a whole.
The presence of the logo on commercial products indicates that the manufacturer or importer affirms the goods' conformity with European health, safety, and environmental protection standards. It is not a quality indicator or a certification mark. The CE marking is required for goods sold in the European Economic Area (EEA); goods sold elsewhere may also carry the mark.
Industrial property is one of two subsets of intellectual property, it takes a range of forms, including patents for inventions, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
Type approval or certificate of conformity is granted to a product that meets a minimum set of regulatory, technical and safety requirements. Generally, type approval is required before a product is allowed to be sold in a particular country, so the requirements for a given product will vary around the world. Processes and certifications known as type approval in English are often called homologation, or some cognate expression, in other European languages.
The China Compulsory Certificate mark, commonly known as a CCC Mark, is a compulsory safety mark for many products imported, sold or used in the Chinese market. It was implemented on May 1, 2002, and became fully effective on August 1, 2003.
Canadian trademark law provides protection to marks by statute under the Trademarks Act and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the Act or can alternately be protected by a common law action in passing off.
The Kitemark is a UK product and service quality trade mark which is owned and operated by the British Standards Institution.
Certification is part of testing, inspection and certification and the provision by an independent body of written assurance that the product, service or system in question meets specific requirements. It is the formal attestation or confirmation of certain characteristics of an object, person, or organization. This confirmation is often, but not always, provided by some form of external review, education, assessment, or audit. Accreditation is a specific organization's process of certification. According to the U.S. National Council on Measurement in Education, a certification test is a credentialing test used to determine whether individuals are knowledgeable enough in a given occupational area to be labeled "competent to practice" in that area.
A trademark is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design.
The Bureau of Indian Standards (BIS) is the National Standards Body of India under Department of Consumer affairs, Ministry of Consumer Affairs, Food & Public Distribution, Government of India. It is established by the Bureau of Indian Standards Act, 2016 which came into effect on 12 October 2017. The Minister in charge of the Ministry or Department having administrative control of the BIS is the ex-officio President of the BIS. BIS has 500 plus scientific officers working as Certification Officers, Member secretaries of technical committees and lab OIC's.
The National Institute of Metrology, Standardization and Industrial Quality (INMETRO) is a Brazilian federal autarky, linked to MDIC, the Ministry of Development, Industry and Foreign Trade.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
A factory mark is a marking affixed by manufacturers on their productions in order to authenticate them. Numerous factory marks are known throughout the ages, and are essential in determining the provenance or dating of productions.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.
Product testing, also called consumer testing or comparative testing, is a process of measuring the properties or performance of products.
The Trademarks Act, 2004 is legislation enacted by the Third Parliament of the Fourth Republic of Ghana and signed into law by President John Agyekum Kufuor. The Act regulates the process through which trademarks and collective marks are registered, the issuance of registered trademarks and how trademarks and collective marks are protected through the enforcement of the Act. The rationale for enacting the Act is for the protection of the goodwill and reputation of the business of a proprietor. The Act establishes the Trademark Registry(Registar) to which is mandated to register trademarks and issue registered trademarks. The Act has been amended by the Trademarks (Amendment) Act, 2014 which came into force on 25 July 2014. The Amendment incorporated the Madrid Protocol into The Act.