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Warranty mark
Expert article on trademark law
The certification mark – trademark protection for quality seals and test marks
Since October 1, 2017, in the European Union and since January 14, 2019, in Germany, the registration of a new trademark category has been possible: the certification mark. This trademark type is aimed primarily at neutral certification bodies and companies that issue seals of approval, test marks, or quality labels.
In contrast to the classic individual trademark, where the focus is on distinguishing the origin of goods or services, the certification mark fulfils a guarantee function: It guarantees certain properties or standards for the marked products or services – regardless of the manufacturer or provider.
Main features of the certification mark – legal requirements at a glance
A certification mark serves to certify certain properties of goods or services by an independent body. For such a mark to be validly registered and used, the following requirements must be met:
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Neutrality of the trademark owner
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The owner of a certification mark must be legally and economically independent from those who offer the marked products or services.
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He may not himself be the manufacturer, distributor or service provider of the goods or services in question.
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This is the only way to ensure the necessary objectivity and trustworthiness of the brand.
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Testing and monitoring
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The guaranteed product properties must be checked regularly.
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The use of the trademark may only be permitted if the verified criteria are met.
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The trademark owner assumes responsibility for compliance with the defined standards and monitors their implementation through appropriate testing procedures.
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Transparency for consumers
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The properties guaranteed by the certification mark, as well as the testing and monitoring criteria, must be clearly documented and publicly accessible.
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This information is regulated in a binding trademark statute, which is submitted to the trademark office.
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This gives consumers full insight and confidence into the brand’s meaning.
Would you like to register a certification mark or have your quality seal examined to determine whether it is eligible for protection? Our trademark law firm offers comprehensive support – from legal review and drafting the trademark regulations to registration with the German Patent and Trademark Office (DPMA) or the European Union Patent and Trademark Office (EUIPO). Get advice now – for legally secure trademark protection with certification functionality.
Requirements for the trademark statute of the certification mark – legal requirements and structure
The trademark regulations of a certification mark are an essential component of trademark protection and regulate the specific characteristics of the guaranteed products or services. According to Section 106d Paragraph 2 of the Trademark Act (German certification mark), they must contain certain information to ensure transparency and legal certainty.
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Mandatory information in the certification mark statute:
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Guaranteed product characteristics: The statute must describe exactly which specific characteristics or standards are guaranteed by the trademark.
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Terms of use: Clear rules must be formulated as to who may use the trademark and under what conditions.
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Audit and monitoring measures: The statute must contain detailed information on the procedures and controls that ensure that the guaranteed characteristics are continuously met.
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Structure and transparency of the trademark statute
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The trademark statute must be formulated and structured in such a way that the subject matter and scope of the warranty are understandable to third parties.
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Additional information may be referred to publicly available sources (e.g. publications) to explain technical details or specific test procedures.
Our trademark law firm will assist you in drafting a legally compliant trademark statute that meets all legal requirements and safeguards the use of your certification mark. Schedule a consultation today!
First experiences with the certification mark – successful applications and challenges
Since the introduction of the certification mark, the German Patent and Trademark Office (DPMA) has received over 100 applications. Successfully registered trademarks include the state-certified "Green Button" seal of approval for fairly and ecologically produced clothing and the word mark "active office certificate" (DE 3020190090361) for ergonomic office furniture.
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Challenges in registering certification marks
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Some applications were rejected because the trademark category “certification mark” was chosen in error in some cases.
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It is crucial to check before filing the application whether it is actually a certification mark or whether an individual mark or collective mark is more suitable.
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It is not possible to change the trademark category during the registration process.
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In addition, some trademarks were deemed to be non-distinctive if the required guaranteeing character of the trademark was not clearly recognizable.
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In many cases, the submitted trademark regulations were unclear or insufficiently precise, which led to rejection.
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If you want to register a certification mark, it is important to understand the specific requirements and prerequisites.
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Our trademark law firm provides you with comprehensive support in choosing the right trademark category, drafting clear trademark regulations, and successfully registering your trademark.
Tips for successfully registering your certification mark
Registering a certification mark requires careful preparation. To ensure your trademark meets the legal requirements and is successfully registered, you should consider the following points:
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Rethink the function of your brand
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Before registering, you should ensure that your trademark actually fulfills the function of a certification mark.
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Please note: The owner of the certification mark may not manufacture the goods in question or provide the services himself.
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The trademark serves solely to guarantee certain properties or standards.
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Pay attention to a guaranteeing character
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In order for your trademark to be registered as a certification mark, it must have a clear guaranteeing character.
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This can be done by the following elements: Word components indicating a guarantee, such as “tested”, “certified”, “quality mark”, “test seal” or “warranty”
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Guarantee-indicating image components, such as a seal-like representation or a “tested” check mark
The overall impression of the brand presentation is crucial here. -
Comply with the minimum requirements of the statutes
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The trademark regulations are an important part of the application.
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It must contain clear regulations on the guaranteed properties as well as on the testing and monitoring measures.
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Make sure that all legal requirements are met to ensure successful registration.
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Advice on a legally compliant certification mark
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Our trademark law firm offers you comprehensive support in registering your certification mark.
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We help you take the right steps and optimally implement the legal requirements.
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