Certification marks, what are they and how do they work?

Certification marks are powerful and, arguably, underutilised intellectual property rights. Unlike traditional trade marks, which signify origin, certification marks serve an important role in indicating that goods or services meet certain defined standards.

Essentially certification marks are designed to certify the characteristics or standards of goods or services, rather than indicating their commercial source. The proprietor of a certification mark authorises others to use the mark, providing that their products or services comply with the pre-defined standards. However, importantly, the proprietor of a certification mark does not itself use the mark in trade.

The regulations filed with certification marks are closely examined and must specify: authorised users and qualifying criteria; the precise characteristics being certified; testing procedures to verify compliance; fees for authorised use; and dispute resolution processes. As a result, the registrar will require the proprietor to have sufficient competence and capabilities to certify the relevant standards.

Impartial administration of the certification scheme is crucial to preserve confidence in the mark’s guarantees. Typically therefore certification marks are owned by trade associations and government bodies, as these entities have the relevant expertise but don’t themselves trade in the certified goods/services.

While the regulatory burden is higher than traditional trade marks, certification marks offer a means for industry groups, standards bodies or other qualified entities to monetise their standards and promote consumer awareness of compliant products. When used effectively alongside other IP rights, certification marks can be a valuable tool for brand owners and consumers alike.

Due to the importance of the additional requirements relating to certification marks, grounds for revocation include: the proprietor failing to comply with or enforce the regulations; the mark becoming misleading; amendments making the regulations non-compliant; the proprietor becoming incompetent to certify the standards; or the proprietor starting to supply the certified goods/services.

In summary, certification marks are a specialised type of trade mark that certify conformance to defined standards, rather than indicating commercial source. They are subject to stringent requirements regarding the proprietor’s qualifications, the regulations governing authorised use, and grounds for revocation to prevent misuse or loss of credibility. When properly administered, certification marks play a valuable role in providing assurance to consumers that products or services bearing the mark adhere to defined standards for quality, safety, sustainability or other characteristics. By certifying compliance with these standards through authorised use, certification marks help consumers make more informed buying choices, thereby benefiting the wider economy as a whole.