Certification mark

A certification mark is a type of trade mark whereby a trader can use the mark to indicate the origin, material, mode of manufacture of goods, performance of services, quality, accuracy of other characteristics.

Certification marks are exceptions to the underlying principle of trade marks in that most trade marks serve as "badges of origin" - they indicate the individual source of the goods or services. A certification mark, however, can be used by a variety of traders, rather than just one individual concern.

Examples of certification marks include:

• the "Woolmark" certification mark, used to identify goods which contain wool;

• the "Champagne" certification mark, used to indicate goods which have an appellation of origin of the Champagne region in France;

• the Bureau Veritas certification mark, used to indicate, for example, sea-worthiness of ships.

Many jurisdictions have been required to amend their trade mark legislation in order to accommodate the requirement of protection of certification marks under TRIPs.

Cases involving certification marks include:

• Re Legal Aid Board's Trade Mark Application (unreported 3 October 2000, UK CA)
• the Sea Island Cotton case [1989]RPC 87