A certification mark is a trademark used by a registered user to certify that his goods or services comply with the prescribed standards of the certifying agency. The best examples we see every day are the HALMARK for jewellery, FSSAI for food products, etc.

Certification marks are generally owned by trade associations or other centralized commercial groups.  The owner of the mark sets standards for accreditation such that goods bearing the mark are certified to conform to particular standards of quality. The owner of the mark is not permitted to use the mark. The owner of a certification mark is compelled to license the use of the mark to anyone whose goods or services meet the standards established for certification.

Registration of a person as the proprietor of a certification mark gives that person rights which are subject to certain conditions and limitations, to use the mark to certify the goods and services that he has obtained the license for.

India has both Statutory and Non-statutory certification marks. Statutory marks are mandatory marks that certify a particular type of good, like the green dot on vegetarian food, the brown dot on non-vegetarian food, toxicity label on pesticides, etc.

Non-statutory marks are the marks which are encouraged by the government to certify certain goods. Example, Silk mark, the Ayush mark on herbal products, etc.

Section 2(1) (e) of the Trademarks Act defines a certification mark as a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified.

It can be any mark, a word, phrase, symbol or design, or a combination of various marks owned by a party who certifies the goods and services of others when they meet certain standards. The owner of the mark regulates the use of the mark by the others. Certification marks function as an indication of certain standards being met by the product.

Application for a certification trademark–

• An application for registering a trademark should be made to the Registrar by the person who proposes to be registered as the proprietor for such mark.
• The application should be accompanied with a draft of regulations for governing and authorizing the use of the certification trademark.
• The application shall be then examined for competency of the applicant to certify, credibility of the draft submitted, advantage of the general public, etc.
• The Registrar will then publish the application inviting oppositions for the same after which the registration of the certification trademark will be decided after hearing both the parties.

These draft regulations shall contain a description of the applicant, nature of the applicant’s business, particulars of the infrastructure and its financial arrangement. Additionally, it shall also mention its competence to administer the scheme, the characteristic indicated by the trademark with respect to the certification provided, submit an undertaking that no discrimination would take place and the manner in which it would monitor the use of the trademark in India.

A statement of case will also be submitted along with the application which sets out the grounds supporting the application. Thereafter, the rules of opposition, hearing, registration and renewal are similar to that followed for other trademarks. Regulations governing the use of the mark must be submitted to the Trade Marks Registry which should include provisions as to the cases in which the proprietor certifies goods or services. These may be altered by the Registrar on an application by the proprietor.

Infringement of Certification Trademarks –

According to Section 76 of the Trade Marks Act 1999, acts that do not constitute an infringement of certification trade mark are acts that are in accordance with the terms and conditions specified by the proprietor; use of the mark on goods and services as certified by the proprietor, or; on goods and services adapted to form part of or to be an accessory to the other goods and services for which the mark is registered, are not considered as infringement.

Cancellation of Certification Trademarks-

Cancellation can be sought before the Registrar, through an application in the prescribed manner by an aggrieved person, who shall give the proprietor a chance to oppose the application. The application can be on the grounds that the proprietor is no longer competent to certify the goods and services to which the registration was granted, or that the proprietor is not following the provisions provided in the register, or that the mark is no longer of public advantage.

Miscellaneous:

If the proprietor wishes to cancel or make any variations to the registration of the certification trademark or does so on the order of the Registrar, he must file an application under Form TM-O and set forth the grounds on which the application is made.

Any alteration to the regulations can be made through Form TM-M. These alterations are then advertised by the Registrar in the Journal. If the proprietor intends on the assignment or transmission of the certification trademark, an application under Form TM-P shall be made to obtain his consent.

Fees and Forms:

The fees prescribed for the forms mentioned above are stated below:

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