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Acertification mark on a commercial product or service is a registeredmark 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 byunion 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 propertystandard orregulation and a claim that the manufacturer has verified compliance with those standards or regulations. The specificspecification,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.
TheUSPTO states that a certification mark is "a type oftrademark".[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 acollective 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 practicalworkaround 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 anapproval, which is not true.[citation needed] Organizations such asUnderwriters Laboratories,TÜV Rheinland,NTA Inc, andCSA International will test the products according to standard procedures and "list" them as compliant to that standard. They do notapprove 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 afire door or for a sprayfireproofing product does not signify its universal acceptance for use within abuilding. Approvals are up to theAuthority 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 |
|---|---|---|
| International |
| |
 Australia |
| |
 Belgium |
|  |
 Brazil |
| |
 Canada |
| |
 China |
| |
 CIS |
| |
| Eurasian Customs Union |
| |
 European Union |
| |
 France |
|
|
 Germany |
| |
 Gulf Cooperation Council |
| |
 India |
|  |
 Japan |
| |
 Mexico | ||
 Norway |
|  |
 South Korea |
|
|
 Sweden |
| |
 Taiwan |
| |
 Ukraine |
| |
 United Kingdom |
| |
 United States |
|
Many jurisdictions have been required to amend their trade marklegislation to accommodate protection of certification marks under theTRIPs 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 theEuropean Union recognition ofAustralia andNew Zealand marks based on anInternational treaty.[12]
Cases involving certification marks include:
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