If you are a small business owner who specialises in food products, then you are probably aware of how important it is to distinguish your products from competitors’. One way to do this is to use certification trade marks. Certification trade marks can show your customers that your products are of a higher quality than other competitors’ or have unique characteristics that set your brand apart. Some consumers may exclusively purchase items that display certain certification trade marks, such as certified organic foods, free range eggs, certified vegan foods and Halal certified foods. This article will explain how certification trade marks can help your food product business and the process of applying for one.
What is a Certification Trade Mark?
Certification trade marks certify that a product:
- meets a particular standard, for example, the Glycemic Index Foundation uses certification trade marks to identify food products that meet strict nutritional guidelines;
- has been made in a particular location or using a particular process, such as Roquefort cheese must come from the Roquefort region in France;
- meets religious standards, for example, Halal-certified foods;
- uses ethically sourced ingredients such as certified Fairtrade foods; or
- uses ingredients suitable for particular dietary requirements, such as foods with the Certified Vegan Logo).
How Are Certification Trade Marks Used?
Standard trade marks and certification trade marks have different purposes. For example, a standard trade mark distinguishes your brand from other brands, whereas a certification trade mark shows that your product meets a certain standard.
For example, Ben & Jerry’s ice cream products carry the Fairtrade logo and the company’s logo, which they have separately registered as a trade mark. The Ben & Jerry’s logo distinguishes the brand. Meanwhile, the Fairtrade logo identifies a characteristic of the product, and the ethical position of the overall brand.
Unlike standard trade marks, many brands may use the same certified trade mark. Any product that meets the standards set by the certification trade mark is permitted to use it. For example, many separate Australian businesses use the Australian Made logo.
However, there are comparatively few certification trade marks in use in Australia. For example, there are over 600,000 registered standard trade marks in Australia. Yet, there are only around 500 registered certification trade marks.
Compliance With Standards
Especially within the food industry, showing consumers that your products or services meet certain standards is very important.
For example, labels like gluten-free, organic or fair trade can help your products appeal to a broader range of consumers. The rise in consumer awareness of health and dietary concerns means consumers are making increasingly conscious food choices. Showing careful consumers that your products meet their expectations or dietary requirements can increase your reach in a crowded marketplace.
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Differentiating Your Product Through Certification Trade Marks
Using certification trade marks can also help your products stand out. For example, consumers may buy your products over your competitors’ if you have ethically sourced the ingredients. Today’s consumers are much more interested in where and how their food is produced. By showing these consumers that your business has high ethical standards, you can add value to your brand and distinguish your products.
How to Apply for a Certification Trade Mark
If you have a certification trade mark that displays a certain quality, standard or characteristic of products, you can apply to IP Australia to register that mark. Along with a standard application, you must provide rules that explain how to use your certification trade mark. IP Australia will consider these rules before sending them to the Australian Competition and Consumer Commission (ACCC). The ACCC may ask you to make some changes to the rules before it approves them.
To ensure your rules are approved, consult the ACCC’s certification trade mark rules checklist. Generally, your certification trade mark rules must cover:
- the standards that a certified product must meet and how to determine if the product has met them;
- the standards that you must meet as the owner of the certified trade mark;
- how to resolve disputes relating to the certification trade mark; and
- any other requirements for the use of your certified trade mark.
Putting together the governing rules for a certification trade mark can be daunting. It may be a helpful starting point to follow the structure of rules compiled for other certification marks, such as:
- Australian Certified Organic;
- National Heart Foundation tick of approval;
- SICHMA Halal;
- Certified Gluten Free.
A full list of certification trade marks in Australia can be found on IP Australia’s website, along with the governing rules for each mark.
Key Takeaways
You should consider using certification trade marks if you own a food business. Certifying that your food products meet specific standards can give your brand a competitive edge and allow you to reach more consumers. In addition, well-known symbols such as the Fairtrade mark and the Australian Made logo can give your consumers confidence in the quality of your products.
If you need help with a certification trade mark, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
A certification trade mark is a sign that tells consumers that your product has certain characteristics or standards, such as that your product is vegan, kosher, Fairtrade, and so on. A certification trade mark can help to set your brand apart or attract particular consumers. Protecting your trade marks, such as your business name or logo, can be achieved by applying to register a standard trade mark.
You will need to apply to the owner of the certification trade mark and meet their requirements to display the certification mark on your product. For example, if you would like to use the Australian Certified Organic mark, you will need to apply to be a certified operator of that mark.
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