Overview on Trademark vs. Certification Mark

Overview on Trademark vs. Certification Mark

Since these terms are frequently misinterpreted, we’ll explain this to you in details. This will allow you to distinguish better between a certification mark and a trademark.

A certification mark is a kind of specific mark used to show that a product which should fulfil the requirements and specifications of certifying authorities. They look into things like the products’ provenance, quality, composition, and other important characteristics related to the goods and services. Products must comply with the set of proposed specifications. The ownership of Businesses cannot be claimed of certification marks because they are evidence of the existence of uniform national regulations. A certification mark serves as support like the agreements made between product makers and testing organisations.

A trademark is a word, phrase, symbol, or visual representation that recognize a specific company as the legal and right owner of the goods. It protects against any violations or harm the reputational influences from other businesses. With a trademark, your company’s name and goods are safeguarded. A word, symbol, or design that is related to your products through trademark protection will thwart dishonest rivalry and protect your assets.

For better understanding, a certification mark demonstrates that a product was produced in line with generally accepted laws and regulations, while a trademark identifies the maker of a product and helps the owner preserve their ownership rights over products and services.

Now you have clear difference in a certification mark and trademark, let’s move on to the next section where we’ll talk about how to get a certification mark.

From where we get a certification mark?

Sometimes people worry about the process of getting a certification mark for goods and services. The quality, components, and nation of origin of your products will be accepted even though but the process will take some time and your effort.

For getting certification mark you need to prepare following paper works:

• Your full name, residential address, email address, the type of entity you are, and your citizenship (Domestic or international)
• A comprehensive justification of your mark, English translation (for those whose documents are in foreign language)
• A sketch of your mark;
• A list of the goods for which you want to obtain a certification mark;
• A filing fees and reasons for filing.

You can apply for the certification mark once you have read all of the aforementioned materials. For all this we use the Trademark Electronic Application System. You can accomplish everything online. You will be notified when the preparation of the mark is completed.

Regardless, certification marks of the products is dependent on the purpose for which the product is been used, certification mark is always having the same function—protecting the rights of consumers. They demonstrate that goods and services are produced safely and in conformity with accepted standards. To receive the mark, you must first submit the necessary paperwork and then wait until all the process gets completed.

Registration process for certification of trademarks

For certification trademark the classes of goods or services that the applicants are certifying must have to be registered. For certification trademark a Statement of Case explaining the application’s grounds, or the reasons why the applicant is competent to file the application must be submitted including an application for registration for the trademark. It’s important to keep in mind that each application for certification of a trademark must be accompanied by a draught regulation containing specific provisions pertaining to the applicant’s suitability to oversee the certification scheme, the characteristics of the mark being certified, the procedure for observing the use of the mark, etc. The Trade Marks Act of 1999 expressly lists the types of information that must be submitted in certifying trademark applications.

The Indian Trade Marks Registry must assess whether a registration application for a certification trademark complies with all relevant legislative requirements. The ability of the certification trademark is to identify between certified and uncertified goods and services is one of these requirements. Application is published in the ‘Trade Mark Journal’ after the Registry is certain that all legal requirements have been completed. Any third party may object to the application for four (4) months. If there are no objections or if the applicant has won the opposition action, the certification trademark will be registered. A certification trademark is registered for ten (10) years.

Cancellation of a certification trademark, Registered Previously.

A certification trademark’s registration may be cancelled if an affected party approaches the Registrar. But unlike trademarks, certification trademarks can be revoked for a variety of reasons.

In accordance with Indian law, the Registrar may modify the proposed restrictions or withdraw the registration of a certification trademark for any of the following reasons:

• The owner is no longer authorised to certify any of the products or services covered by the registration of the mark;
• Owner has disregarded to any obligation of the laws that must be followed on his part; or
• The public no longer benefits from it.
• Modifying the rules are necessary for the benefits of the public if the mark is already registered.

Conclusion

We conclude by giving some example of the certification marks which is issued in India.
For example:

• AGMARK: it is a certification mark issued in India for agriculture products.
• BIS HALLMARK: it is introduced in the year 2000 for gold and for silver in the year 2005, it authenticate the purity of gold and silver.
• Green and Brown Dot: this mark is almost used for all the types of food product, which specify us the nature of the food whether it is vegetarian or non- vegetarian.
• ISI: this mark is used for the products manufactured at the industries.

**********************************************************

If this article has helped you in any way, i would appreciate if you could share/like it or leave a comment. Thank you for visiting my blog.

Legal Disclaimer:
The information / articles & any relies to the comments on this blog are provided purely for informational and educational purposes only & are purely based on my understanding / knowledge. They do noy constitute legal advice or legal opinions. The information / articles and any replies to the comments are intended but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as a legal advice or an indication of future results. Therefore, i can not take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this blog. You are advised not to act or rely on any information / articles contained without first seeking the advice of a practicing professional.