How Certification Marks Differ From Trademarks
Section 4 of the Lanham Act provides for the registration of certification marks. A certification mark is any word, name, symbol, or device, or any combination thereof used by a person other than its owner to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person 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..
Types of Certification Marks
There are three types of certification marks:
1. Certification marks that certify that goods or services originate in a specific geographic region.
2. Certification marks that certify that the goods or services meet certain standards in relation to quality, materials, or mode of manufacture.
3. Certification marks that certify that a member of a union or other organization performed the work or labor on the products or services or that the product meets certain standards.
Certification marks differ from trademarks or service marks because of the following characteristics: (1) a certification mark is not used by its owner, and (2) a certification mark does not indicate commercial source nor distinguish the goods or services of one person from those of another.
Purpose of Certification Mark
The purpose of a certification mark is to inform purchasers that the goods or services possess certain characteristics or meet certain qualifications or standards established by another person or organization. A certification mark does not indicate origin in a single commercial or proprietary source. Under certification, the same mark is used on the goods or services of many different producers. The message conveyed by a certification mark is that the goods or services have been examined, tested, inspected, or in some way checked by a person who is not their producer, by methods determined by the certifier/owner. The placing of the mark on goods or its use in connection with services constitutes a certification by someone other than the producer that the prescribed characteristics or qualifications of the certifier for those goods or services have been met.
Registration of Certification Marks
The same standards are used to determine the registrability of certification marks that are used for other types of trademarks. Thus, the standards generally applicable to trademarks, such as descriptiveness, disclaimers, and likelihood of confusion are also considered for certification marks.
For more information on certification marks or other FlatFee Trademark registration services, contact us to schedule your complimentary consultation. Call 1.800.769.7790 or send an email inquiry to info@flatfeetrademark.com.
Questions and Answers
Brand names and trademarks are the most recognizable reference for any goods or services. Assurances of quality and craftsmanship, guarantees of dependability and care together lead to a good brand name and consumers mostly rely on brand names because they feel they can trust them. All these things make trademarks and brand names one of the most prized possessions of a company.
There are diverse kinds of intellectual property law. Patents, trademarks, copyrights, and trade secrets are the foremost types. Some products can be comprised by diversified types of intellectual property. This is a condensed guide to assist you to comprehend the dissimilarity among these main kinds.
Trademarks such as words or figurative marks are an essential part of the “identity” of goods and services. They help deliver brand recognition, in logos for example, and play an important role in marketing and communication. It is possible to register a variety of trademarks including words, other graphical representations, and even sounds. Rights owners have a choice of obtaining protection on a country-by-country basis, or using international systems.
A patent is an exclusive right granted by a government to an inventor or innovation owner, allotting the right to confine others for a specified period of time from producing, using, selling or export/import the invention all over the state where intellectual property rights stands. It is a record in which the invention is sufficiently illustrated or fully disclosed in each and every aspect of its content and the scope and objective of the invention outlined.
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A federally registered trademark is a valuable asset for your brand portfolio and business.
"The best way to know what other brands or marks exist that may possibly affect your right to own a particular name is to conduct a trademark search. "
"Federal trademark law provides that certain marks are "per se" ineligible for trademark registration and will be refused pursuant to Section 2 of the Lanham Act."
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