Beyond Brand Identification: The Certification Trademark
When we think of trademark law, we usually think of trademarks as applying only to identify brands—think the Starbucks trademark for the coffee company, the Nike trademark for the appeal company, or the names of just about any other major (or minor) brand you can think of. However, trademark law covers more than just brand identification. In fact, there is a special type of trademark called a certification mark that doesn’t have anything to do with identifying a particular brand but instead shows—or “certifies”—that certain standards or qualifications have been met.
What is a Certification Mark?
A certification mark is a type of trademark that is used to show consumers that particular goods and/or services—or even the providers of those goods/services—have met certain standards. Specifically, certification marks can certify to consumers that the goods or services meet standards with respect to quality, materials, or the manufacturing process. For example, certification marks can be used to show that labor was performed by union members. The marks can also certify that goods come from a specific geographic region, A good example is the Idaho Potato certification, which shows that certain potatoes do in fact come from Idaho.
What’s Their Purpose?
The purpose of a certification mark is to inform buyers that the goods or services possess certain characteristics or meet certain qualifications or standards. 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, using methods determined by the certifier. The placing of the mark on goods, or its use in connection with services, thus constitutes a certification by someone other than the producer that the prescribed characteristics or qualifications of the certifier have been met.
How Can They Help Me?
Certification marks can help both consumers and providers. For the consumers, they can help identify a good or service that has certain desired qualities. If the consumer knows what the certification mark entails, they can rest assured that the product or service has met the relevant standards, even if the consumer isn’t familiar with the particular brand. For the provider of the goods or services, using a certification mark adds legitimacy to the brand because it shows that your goods or services have met certain standards. Thus, a certification mark is often used to show a certain degree of quality or validity.
If you have questions about applying for a certification trademark, we’re here to help. We regularly help clients—from individuals to small and large companies—protect their IP assets.