All you need to know about Trademark vs. Certification Trademark

The Concept of Trademarking is not new to the society. A lot of us might have commonly heard the word Trademark. However, usually, when we come across terms like Collective marks or Certification Marks, we get confused. Are these terms similar to each other? Are there more alternatives available to Trademark? Are these genesis of Trademark or Are they a separate category?

Well, a certification mark is used for a different purpose than a traditional trademark. Although certification marks aren’t as common as traditional trademarks, they are still as important for organizations, businesses, and associations as traditional trademarks.

Today, we are surrounded by various logos and marks which instantly make us resemble the product or the service they belong to. Be it a half-bitten apple (Apple), a black tick (Nike), a lady in a green circle (Starbucks), or a big yellow colored ‘M’ (McDonald’s). A lot of you might have resonated with these brands through their logos. 

Now, let’s discuss some useful information about the basics of trademarks and certification trademarks and the role that they play in our regular lives.

Synopsis

A certification trademark is used for a different purpose than a regular trademark. A certification trademark is used to indicate the characteristics of the products.  

While, on the other hand, regular trademarks indicate the origin of a product.  In simple words, with the help of a certification trademark, the services or goods are certified by the owner of the trademark regarding their characteristics, place, etc., and a particular brand is indicated with the help of traditional trademarks. 

Trademark

A trademark is considered a type of intellectual property. It consists of a recognizable design, sign, or any such expression that makes it easy to identify the brand, goods, or services associated with the mark.

Certification Trademark

Certification trademarks are such marks that generally certify certain characteristics of the nature of the services or goods. Such marks are certified to the proprietor of such mark in respect of;

• Origin of Mark,
• The authenticity of the claimed quality of the product,
• The material used in the products,
• Mode of manufacture of goods,
• Performance of services, 
• Quality of products and services,
• Accuracy,
• Other characteristics of goods or services 

Usage of Trademark and Certification Trademark

Trademarks: A trademark identifies the owner of the brand and distinguishes the particular product or service from others similar in nature. Trademarks are used to establish ownership of the brand with the help of some marks, signs, expressions, logos, symbols, sounds, and a group of marks, color combinations, or a set of combinations. 

The unauthorized use of trademarks by trading in a counterfeit name for products and goods is known as brand piracy. Therefore, registered trademarks help the owners by safeguarding their rights. 

Certification Trademarks: The sole purpose of certification trademarks is for indicating that the necessary standards of the mark have been met. Proprietors provide the consumers of their products with a certain set of promises regarding the authenticity of the quality of the product, accuracy, the material used in it, etc.

In such cases, certification of marks helps the proprietor to that they are providing quality products to the consumers. 

Examples of Certification Trademarks in India

Some examples of certification trademarks in India are;

• AGMARK– Inspection seal that ensures quality for agricultural products,
• BIS- Provides assurance of any product’s reliability, quality, and safety to the consumers,
• WOOLMARK- Certifies that products are made from 100% wool, 
• ORGANIC INDIA- Certifiesmethod/mode of manufacturing, and 
• ISI Mark- Ensures that products meet a set of standards provided by the Bureau of Indian Standards

The similarity between Trademark and Certification Trademark

Trademarks are intellectual property that consists of designs, signs, expressions, or any other distinguishing factors for identifying differences between the origin of products and services. 

Trademarks in India are protected under the Trademarks Act 1999. Trademarks are generally classified into four categories according to their nature and description of the services and products. 

These four categories are;

• Classification Mark, 
• Collective Mark, 
• Well Known Mark, and 
• Non-Conventional Marks

A certification Trademark is a mark that certifies the material, origin, accuracy, quality, performance, and other characteristics of goods or services.

Conclusively, if authenticity and origin are considered as genus then trademark and certification trademark can be considered their species, i.e. same thing used for different purposes. 

Trademark and Certification Trademark Differences

The two main differences between trademarks and certification marks are;

• Usage: A certification mark does not indicate the source of the products or services. It also does not distinguish between the goods and services of one brand from the goods and services of another producer. However, a traditional trademark describes the source of goods and services of one party from other that are similar.
• Purpose: A certification mark provides a description of the quality and nature of goods and services, while regular trademarks describe the origin and details of the brand that produces the goods and services.

How to choose between a Trademark and a Certification Mark?

Certification marks must opt for if an owner wants to assure that the brand meets the standards that it claims.
And regular trademark registration is a better choice for easy administration and flexibility in using the mark.

Benefits of Certification Trademark 

Consumers often want assurance that the products and services they are using meet desired standards. To assure that this desired demand is fulfilled, the companies in the market get a certification mark. 

This works as proof of quality for the products. It also satisfies and builds the trust of consumers in the brand.

Benefits of a Trademark

Regular trademarks have several benefits. Some of these are as follows;

• Complete control over the mark,
• Safeguard from counterfeit attacks or possible theft of brand recognition,
• Familiarity with the concept among consumers,
• Less paperwork,
• Worldwide recognition

FAQs

• Why is a trademark required? 

In the market, there are several similar products and services which creates confusion among consumers. This is where owning a trademark comes to the rescue. A mark helps the service providers in distinguishing their products from others and it saves the consumers from any confusion among the similar products available to them.

• Who can own a trademark?

A trademark owner can be a business organization, an individual, or a legal entity.

• What are service marks? 

Trademarks that are used for identifying services of the brands are called service marks.

• How is a trademark recognized?

A trademark may be recognized by the packaging, voucher, or label, or may be located on the product itself.

• Are trademarks and certification trademarks used similarly?

No, trademark and certification trademark are two different concepts and they are used for different purposes. However, they are a part of the same clan of the authentication procedure. 

• What is a composite certification mark?

These types of certification marks include a service mark or trademark. It is only used for signifying that the products or services meet certain standards. 

• What if someone fills out a trademark application but wants a certification mark or vice versa?

If someone files for a traditional trademark through a certification mark application, there is an option for the authority to amend it. The procedure for amendment requires the filing of a form with an attorney and then attaching it to the new application with the correct category of the mark.

• Can brands sell goods even if they own a certification mark?

Yes, the owners of the certification marks can participate in sales or services without any restriction. However, the brands must not use their certification mark on their own products.