What Is A Certification Mark?
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. It is a type of trademark 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.
Certification marks are frequently used by industrial standards bodies or certification companies to show "approval" of another product in some way. Certification marks are usually given for compliance with defined standards, but are not confined to any membership. They may be used by anyone who can certify that the products involved meet certain established standards. Famous certification marks include WOOLMARK which certifies that the goods on which it is used are made of 100% wool.
Certification marks are exceptions to the underlying principle of trademarks in that most trademarks indicate the individual source of the goods or services. However, a certification mark can be used by a variety of traders, rather than just one individual concern.
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 certification represented by a certification mark does not necessarily relate to technical standards. Rather, the mark can indicate material content, some quality of material or manufacture, a method of manufacture or a mode of service, the geographic origin of the product, or that the provider or manufacturer meets the standards of or is sanctioned by a particular organization. In short, authorized use of a certification mark indicates only that the goods or services with which the mark appears satisfies the particular criteria to which the mark's owner attests. So a certification mark is not necessarily, nor even usually intended to be a mark of quality.
The attestedto aspect of the product bearing a certification mark is set out in the public record of the mark's registration in the Trademark Office. Additionally, the mark's owner has a responsibility both to see that users of the mark continue to satisfy the criteria represented by the mark and to make clear to consumers what the mark represents.
Certification marks may be used together with the individual trademark of the producer of a given good. The label used as a certification mark will be evidence that the company's products meet the specific standards required for the use of the certification mark.
Other Trademarks FAQs
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What Is A Trademark?
A: A trademark is a type of mark. Traditionally, the term, "trademark," described only marks designating products, or "goods" (as opposed to services). However, the word … More -
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Should I hire a Trademark Attorney?
A: Yes, if you plan on adopting and using a collective mark or asserting your legal rights under trademark law in pursing a certification mark infringement lawsuit or … More -
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What Is A Collective Mark?
A: While the definition may vary from one country to the other, collective marks (also known as collective trademarks) are usually defined as signs that distinguish the … More -
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How Are Trademarks Acquired?
A: Trademarks generally are acquired through adoption and use. Trademarks may also be obtained by assignment. Check with a trademark lawyer for more information about … More -
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What is a service mark?
A: A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one … More -
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What are the benefits of a federal trademark registration?
A: Federal trademark registration has several benefits, including: Constructive notice nationwide of the trademark owner's claim. Evidence of ownership of the … More -
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What is the difference between TM and the R within the circle ®?
A: Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims … More -
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How do I obtain a copy of a trademark?
A: Copies of documents in an application file, including, the application itself, Office action and copies of the registration certificate, can be ordered by telephone, … More -
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How long does a trademark registration last?
A: For a trademark registration to remain valid, an Affidavit of Use (Section 8 Affidavit) must be filed: (1) between the fifth and sixth year following registration, … More -
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How long does it take to register a trademark?
A: It is difficult to predict exactly how long it will take an application to mature into a registration, because there are so many factors that can affect the process. … More
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