Quality
and
Trust.
Quality
and
Trust.
Certification marks create trust: You can rely on our many years of experience in protecting and enforcing certification marks.
What is a certification mark?
The certification mark is a special form of trademark that is not used to identify the goods or services of a particular company, but rather guarantees compliance with certain quality, safety or other standards. The certification mark gives the consumer the assurance that the goods or services labeled with it meet certain objective test criteria.
The certification mark is the test seal of modern trademark law: objective, neutral and a guarantee of quality.
Since when have certification marks been available in Germany and the EU?
In the European Union, the certification mark was introduced as part of the 2017 trademark law reform, which came into force on October 1, 2017. In Germany, the certification mark was integrated into national trademark law on January 14, 2019.
This was the first time that an independent trademark form was created that does not serve the origin function of a trademark, but acts as an independent seal of approval.
In many other countries, such as the USA, certification marks have existed for a long time and are an established instrument in trademark law there.
Who may be the owner of a certification mark?
A special feature of the certification mark is that the trademark owner may not sell or provide the goods or services marked with it themselves. Instead, the proprietor must be an independent institution that
- defined certain standards,
- compliance with these standards is monitored and
- grants the use of the certification mark to third parties.
Typical holders of certification marks are testing and certification bodies, associations or independent organizations that carry out quality assurance in certain industries.
Special requirements for a certification mark
The application for a certification mark is subject to special requirements. For example, the applicant must submit a trademark statute that describes in detail, among other things:
- Which properties are guaranteed by the certification mark
- How compliance with these properties is checked
- Who may use the trademark
- What sanctions are provided for non-compliance with the standards
If the owner of a certification mark does not take appropriate measures to take action against unauthorized use of their trademark, there is a risk that the certification mark will be canceled upon request due to revocation. Owners of certification marks should therefore take measures to take action against unauthorized use if they do not want to jeopardize the existence of the trademark. It may also make sense to set up a complaints system to which consumers, licensees and other market players can report possible misuse and infringements.
Advantages of a certification mark
- Consumer confidence: Consumers can rely on objective tests.
- Brand-independent quality assurance: No single company determines the standards, but a neutral body.
- Protection against misuse: Strict regulations govern the award and use of the trademark.
- Differentiation in the market: Companies can differentiate themselves from competitors by using a recognized certification mark.
The certification mark is a valuable tool for consumers and companies as it offers objective quality assurance. It can also counteract greenwashing and bluewashing. Its clear separation from the conventional trademark makes it a trustworthy seal of approval that helps consumers make informed purchasing decisions.
Our expertise in certification marks
We have successfully represented and advised owners of certification marks for many years and have carried out and supervised corresponding applications in many countries. We have therefore gained extensive experience of what to look out for when registering certification marks with regard to subsequent enforcement and use.
We have already conducted a large number of successful proceedings for infringement of certification marks against opponents in numerous countries. From this experience, we can say that the certification mark is often underestimated and can be a very sharp sword against unauthorized use. It is therefore all the more surprising that many quality marks continue to be registered as individual or collective marks rather than certification marks.
We are happy to
advise you about
Trademark law!
Our team
for Certification Marks
Our team
for Certification Marks
