As consumers, we often want to know that our purchase will be worth our while. A certification trade mark is one way businesses can inform consumers that their goods and services meet a certain standard or quality. This article will discuss certification trademarks, the requirements for registration, and the benefits.
What is a Certification Trade Mark?
A certification trade mark is a sign or symbol that indicates that a particular good or service is of a certain standard or quality. This might include:
- particular materials; or
- sourced from a geographical location.
Generally, certification trade marks are filed by a representative body or organisation seeking to regulate a scheme which identifies a characteristic of particular goods or services. Examples include:
- the National Heart Foundation ‘tick’ mark; and
- the ‘woolmark’ trade mark registered by the Australian Wool Research and Promotion Organisation, certifying that the fabric in the product is 100% pure wool.
Requirements for Registering a Certification Trade Mark
Certification trade marks may only be suitable for some businesses. Most notably, ‘governing rules’ must also be provided for certification trade mark applications, which set out the criteria for how to meet certification standards, and other essential details. Remember that this information will be publicly available on the IP Australia website for others to see. The consideration here is whether you would want competitors and third parties to have access to these details to which the certification mark relates.
For context, the governing rules need to include the following information:
- the standards to achieve certification;
- how to determine whether the standards have been met;
- how people can become qualified to assess whether the standards are met;
- the requirements to be able to use the mark;
- any additional details concerning the use of the mark;
- dispute resolution procedure concerning whether goods/services meet the above criteria; and
- dispute resolution procedure concerning an issue involving the certification mark generally.
Approximately five months after filing, IP Australia will complete their examination of your trade mark application. Then, they will forward your governing rules to review by the ACCC. The ACCC will assess your rules from public interest and fair trading perspectives. Generally, the ACCC will complete their review within four to six months if there are no initial issues.
During this time, the ACCC will make their initial assessment of your application publicly available. Then, third parties will have one month to oppose your application. Once you pass this period and the ACCC approves your rules, a copy of your rules will become public on IP Australia’s register. Your certification trade mark will then be registered.
Continue reading this article below the formBenefits of Registering a Certification Trade Mark
One of the main benefits of having a registered certification trade mark is the potential to build public confidence in the goods or services that the mark is applied to. This is why the role of the ACCC is essential to this application process.
Further, if you are part of an organisation trying to promote awareness, having a certification trade mark can make it easier for consumers to identify these goods and services in the marketplace. For example, while shopping, consumers may actively look for items that contain the ‘AUSTRALIAN CERTIFIED ORGANIC’ certification mark.
Key Takeaways
If you are interested in applying for a certification trade mark, consider whether publicly disclosing the information required by the governing rules will be appropriate for your business. The main benefit of registering a certification trade mark is promoting awareness of an initiative while building public confidence in particular goods/services.
If you would like assistance applying for 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 or symbol that indicates that a particular good/service is of a certain standard or quality, made from certain materials, sourced from a geographical location, and so on.
Applying for a certification trade mark is comparable to applying for a standard trade mark. However, ‘governing rules’ must also be provided for certification trade marks, which set out the criteria for how to meet certification standards and other essential details. The application will then be reviewed by IP Australia and the Australian Competition and Consumer Commission (ACCC).
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