Certification mark

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Canadian certification label on a bag of rockwool Certification label ulc roxul 4lbs per ft3.jpg
Canadian certification label on a bag of rockwool
Counterfeit electrical cords with false UL certification marks Counterfeit electrical cords.jpg
Counterfeit electrical cords with false UL certification marks

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]

Contents

There are essentially three general types of certification marks: [3]

  1. certifying that goods or services had originated in a particular geographic region (e.g., Roquefort cheese);
  2. certifying that goods or services meet particular standards for quality, materials, methods of manufacturing, for example, tests by the Underwriter Laboratories;
  3. certifying that the manufacturer has met certain standards or belong to a certain organization or union (e.g., "union made" in clothing).

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 distinguished from other marks

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.

Certification marks and trademarks

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 marks and approvals

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.

Regulations

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 ]

Examples

Primary jurisdictionBody/markImage
International
Flag of Australia (converted).svg  Australia

Flag of New Zealand.svg  New Zealand

Flag of Belgium (civil).svg  Belgium
  • CEBEC is a private certification mark used in Belgium
Cebec hd.jpg
CEBEC
Flag of Canada (Pantone).svg  Canada
Flag of the People's Republic of China.svg  China
Flag of the CIS.svg  CIS
Eurasian Customs Union
Flag of Europe.svg  European Union
  • The CE mark is a mandatory conformity mark for products placed on the market in the European Economic Area (EEA). With the CE marking on a product the manufacturer ensures that the product conforms with the essential requirements of the applicable EC directives.
Flag of France.svg  France
  • In the domestic market, the 'NF' certification mark referring to 'Norme française' (French standard). The NF mark is a collective certification mark attesting to the conformity of a product or service to safety and quality characteristics. It is issued by Afnor Certification, as well as by certain organizations belonging to the NF network.
  • The "Champagne" certification mark, used to indicate goods that have an appellation of origin of the Champagne region in France.
Flag of Germany.svg  Germany
Flag of the Cooperation Council for the Arab States of the Gulf.svg Gulf Cooperation Council
  • G-marks, used by private safety organizations in GCC
Flag of India.svg  India
Isi mark.svg
Flag of Japan.svg  Japan
Flag of Mexico.svg  Mexico
  • The NOM logo serves a similar purpose for products on the market in Mexico.
Flag of Norway.svg  Norway
  • Norges Elektriske Materiellkontroll (NEMKO), Norway NEMKO
Conformity mark nemko norway.gif
Flag of South Korea.svg  South Korea
  • KC Certification (also known as KC Safety Certification or KC Mark Korea Certification) is a product certification that proves the compliance of products with Korean safety regulations.
Flag of Sweden.svg  Sweden
  • Electrical Testing Laboratory, Sweden ETL SEMKO
Flag of the Republic of China.svg  Taiwan
Flag of Ukraine.svg  Ukraine
Flag of the United Kingdom.svg  United Kingdom
  • Kitemark is a British Standard under BSI Group.
  • The LPCB (Loss Prevention Certification Board) mark by BRE Global (part of the Building Research Establishment group) independently certificates fire and security products, which are then listed in the Red Book.
  • UKCA UKCA (UK Conformity Assessed)
Flag of the United States (23px).png  United States

International treaties and certification marks

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

Cases involving certification marks include:

See also

Related Research Articles

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.

<span class="mw-page-title-main">European Union Intellectual Property Office</span>

The European Union Intellectual Property Office, founded in 1994, is the European Union Agency responsible for the registration of the European Union trade mark (EUTM) and the registered Community design (RCD), two unitary intellectual property rights valid across the 27 Member States of the EU. Every year, it registers an average of 135 000 EU trade marks and close to 100 000 designs. From 1 December 2025, the EUIPO will be responsible for the registration of Geographical Indications (GIs) for craft and industrial products. The EUIPO is also responsible for maintaining an Orphan Works Registry. Registered works have certain permitted acts under the Orphan Works Directive.

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.

<span class="mw-page-title-main">CE marking</span> European Declaration of conformity mark

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.

<span class="mw-page-title-main">Industrial property</span> Intellectual property applied to industry

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.

<span class="mw-page-title-main">Geographical indication</span> Indication of a products source

A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin. The use of a geographical indication, as an indication of the product's source, is intended as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin.

A parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property.

<span class="mw-page-title-main">Type certificate</span> Document noting the airworthiness of a certain type of aircraft

A type certificate signifies the airworthiness of a particular category of aircraft, according to its manufacturing design. Certification confirms that the aircraft of a new type intended for serial production is in compliance with applicable airworthiness requirements established by the national air law.

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.

<span class="mw-page-title-main">China Compulsory Certificate</span> Certification mark

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.

<span class="mw-page-title-main">Certification</span> Formal confirmation of certain characteristics of an object, person or organization

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.

<span class="mw-page-title-main">Trademark</span> Trade identifier of products or services

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.

<span class="mw-page-title-main">National Institute of Metrology Standardization and Industrial Quality</span>

The National Institute of Metrology, Standardization and Industrial Quality (INMETRO) is a Brazilian federal autarchy, linked to MDIC, the Ministry of Development, Industry and Foreign Trade.

<span class="mw-page-title-main">Intellectual property in Iran</span>

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.

<span class="mw-page-title-main">Factory mark</span> Symbol or device applied to a product to identify its manufacturer

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.

<span class="mw-page-title-main">Trademark infringement</span> Violation of trademark rights

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.

Registration of intellectual property in Ghana is key to safeguarding one's intellectual efforts from infringement. Intellectual property law of Ghana encompasses intellectual property (IP) laws in Ghana, such as laws governing copyright, patent, trademark, industrial design rights, and unfair competition. The main intellectual property laws in Ghana include the Copyright Act, 2005, the Patents Act, 2003, the Trademarks Act, 2004, the Industrial Designs Act, 2003 and the Protection Against Unfair Competition Act, 2000. These are supplemented by regulations passed by the Legislature to augment the rate of development under IP laws.

<span class="mw-page-title-main">Trademarks Act, 2004</span> Ghanaian trademark legislation

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.

References

  1. 1 2 U.S. Department of Commerce, Patent and Trademark Office 1997, p. 1300-33.
  2. Belson 2002, p. 1.
  3. U.S. Department of Commerce, Patent and Trademark Office 1997, p. 1300-33-1300-34.
  4. De Munck 2012, p. 1069.
  5. "Certification mark applications". uspto.gov.
  6. John Marshall Law School 2010, p. 160.
  7. "Geographical Indications: An Introduction, 2nd edition". www.wipo.int. p. 29. Retrieved 5 December 2023.
  8. "Submission of the United States of America Certification and Collective Marks Formalities" (PDF). World Intellectual Property Organisation. February 2009. Retrieved 13 June 2017.
  9. "Certification trade marks". Australian Competition and Consumer Commission. 11 September 2012. Retrieved 13 June 2017.
  10. "Allergy Standards". allergystandards.com Allergy Standards.
  11. "Allergy Standards". allergystandards.com Allergy Standards.
  12. “Agreement on Mutual Recognition in relation to Conformity Assessment, Certificates and Markings between Australia and the European Community ATS 2 of 1999“ Archived 16 April 2017 at the Wayback Machine . Australasian Legal Information Institute, Australian Treaties Library. Retrieved on 15 April 2017.

Sources