A Certification Mark certifies the quality or origin of the products or services to which it refers. This includes the area or place of origin, building materials, the production or supply process or system, quality assurance, the performance of the products or services, or any definable aspect of the goods or services. It may also certify such requirements for the manufacture or distribution of services by members of a union or other organization. A certification mark has the sole purpose of showing that certain requirements have been met.
Let’s have a glance at some important aspects associated with a Certification Mark.
Role of the certification mark
Registration of Certification Mark
Different Marks of Certification In India
Infringement of Marks For Approval
Role of a Certification Mark
- Goods or services, as seen in the examples of registered certification marks below, come from a particular geographic area.
- Goods or services, as shown in the examples of registered certification marks below, follow requirements about quality, materials, or how they are made.
- Work or labour on products or services was done by a member of a trade union or by a member of another association or by the supplier of such services, as shown in the examples of registered certification marks below, met those requirements.
Registration of Certification Mark
Trademark registration procedures in India are similarly applicable to certification marks, except that the Indian Trade Marks Registry is required to deposit the draught regulations regulating the use of a certification mark authorized by the Registrar.
The registration of a certification mark confers on its owner the exclusive right to allow others to use the certification mark on and about their products, provided that they comply with the requirements laid down by the owner (Sec. 78). It offers ‘pass-off’ rights, which ensures that another person is unable to represent his products as the goods of another person.
For example,’ A’ is not entitled to portray his products as ‘B,’ however it is not important for ‘B’ to prove that ‘A’ did this to mislead, it is sufficient to prove that the two products were confusing.
Any individual wishing to certify his or her product can apply to the Registrar of Trademarks for registration of the certification mark in the manner specified by the Act, accompanied by a provision of the Regulations regulating the use of the certification mark (Sec. 71). The claimant is satisfied that the applicant is qualified to certify the relevant products under the proposed trademark and that the request for a resolution is acceptable. With or without changes, the registrar may approve the application or may reject it altogether.
If changes are needed, the registrar cannot conclude the matter without hearing from the applicant’s side (Sec. 72). The advertising and opposition requirements relating to a qualification mark are the same as those relating to a regular trademark (Sec. 73).
Different Marks of Certification In India
ISI Mark: The ISI mark refers to consumer goods. It is obligatory for some electronic appliances, although it is optional in the case of other manufactured goods. It has been in force since 1995 and has been published by the Indian Standards Bureau.
AGMARK: AGMARK is employed by the Directorate of Marketing and Inspection to certify agricultural goods in the country to ensure that unadulterated food enters the customer.
FPO Mark: The mandatory certification mark for processed fruit products is intended to ensure that the product has been produced in a food-safe and hygienic environment, making it appropriate for consumption.
BIS Hallmark: To certify their purity, it is a hallmarking scheme for precious metals. The Bureau of Indian Standards sets these standards.
The Non-Polluting Vehicle Mark: For all new motor vehicles, the required mark is to ensure that emissions are below the specified cap. It is only valid for six months and, at the expiry of that time, a new certification mark is issued.
Indian Organic Certification: This certification label is intended to ensure compliance with the National Requirements for Organic Products for organically farmed food products. It guarantees the absence of pesticides, fertilisers, and artificially generated hormones from the raw materials used in farming.
Infringement of Marks For Approval
Where, in the course of trade, any person uses a certification mark without the permission of the owner of the certification mark, or any mark which is deceptively identical to the certification mark, about any products or services for which it is registered, in such a way as to confuse the purchaser with the original mark, the violation of the certification mark constitutes a violation (Sec 75).
Certification marks are a subset of trademarks and are important for the customer to help them recognise the product they are buying to ensure that a certain degree of quality is maintained by the producers. Registration of qualification marks provides the proprietor with added protection but is not obligatory. The use of a certification mark is not exclusive, because the owner of the mark can not deny its utility to any person who retains the characteristics guaranteed by the mark for certification.
