Certification and Collective trade marks

Certification Trade Mark

This is a trade mark that is used by a non-trading proprietor to certify that goods or services meet a specified standard.  This standard can relate to any of a wide range of characteristics of the goods or services, e.g. origin, quality, accuracy, place of manufacture.

Certification trade marks typically are owned by professional or trade institutes or quality control organisations.

The requirements for obtaining a certification trade mark are complex and strict standards apply.  It is essential to seek professional advice.

Collective Trade Marks

A collective trade mark is a trade mark owned by a group of two or more owners, all of whom have the right to trade in the goods or services for which a collective trade mark is registered.  A collective trade mark should be based on a written agreement between the co-owners, because each co-owner is entitled to use the registered trade mark, and this can easily lead to disputes if the criteria for use of the mark are not set out clearly.

It is highly recommended that professional advice should be sought before a collective trade mark is filed.

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