View source for Certification mark

{{short description|Graphic mark indicating compliance with a standard}}
{{Redirect|Declaration of conformity|the rock album|Declaration of Conformity (Wellwater Conspiracy album)}}
{{Use dmy dates|date=January 2023}}
{{More citations needed|date=September 2010}}
[[File:Certification label ulc roxul 4lbs per ft3.jpg|thumb|right|[[Canada|Canadian]] certification label on a bag of [[Mineral wool|rockwool]]]]
[[File:Counterfeit electrical cords.jpg|thumb|right|Counterfeit electrical cords with false UL certification marks]]

A '''certification mark''' on a commercial product or service is a registered [[Mark (sign)|mark]] that enables its owner ("[[certification body]]") to certify that the goods or services of a particular provider (who is not the owner of the certification mark) have particular properties, e.g., regional or other origin, material, quality, accuracy, mode of manufacture, being produced by [[Trade union|union labor]], etc.{{sfn | U.S. Department of Commerce, Patent and Trademark Office | 1997 | p=1300-33}} The standards to which the product is held are stipulated by the owner of the certification mark.{{sfn | Belson | 2002 | p=1}}

There are essentially three general types of certification marks:{{sfn | U.S. Department of Commerce, Patent and Trademark Office | 1997 | p=1300-33-1300-34}}
# certifying that goods or services had originated in a particular geographic region (e.g., [[Roquefort cheese]]);
# certifying that goods or services meet particular standards for quality, materials, methods of manufacturing, for example, tests by the [[Underwriter Laboratories]];
# certifying that the manufacturer has met certain standards or belong to a certain organization or union (e.g., "[[union made]]" in clothing). 

The term "certification mark" is very recent, so while discussing historical certification marks, terms "guild sign", "quality mark", "[[hallmark]]", and "trade mark" are used by researchers.{{sfn|De Munck|2012|p=1069}}

A certification mark indicates a property  [[Standardization|standard]] or [[regulation]] and a claim that the manufacturer has verified compliance with those standards or regulations. The specific [[specification]], [[test method]]s, and frequency of testing are published by the standards organization. [[Certification listing]] does not necessarily guarantee fitness-for-use. [[Verification and validation|Validation]] testing, proper usage, and field testing are often needed.{{cn|date=November 2023}}

== Certification marks distinguished from other marks ==
Certification marks can be owned by independent companies absolutely unrelated in ownership to the companies, offering goods or rendering services under the particular certification mark.

=== Certification marks and trademarks ===
The [[USPTO]] states that a certification mark is "a type of [[trademark]]".<ref>{{Cite web|url=https://www.uspto.gov/trademarks-getting-started/trademark-basics/certification-mark-applications|title=Certification mark applications|website=uspto.gov|access-date=1 February 2020|archive-date=1 February 2020|archive-url=https://web.archive.org/web/20200201234549/https://www.uspto.gov/trademarks-getting-started/trademark-basics/certification-mark-applications|url-status=live}}</ref> However, it "is a special creature, created for a purpose uniquely different from that of a trademark or service mark", since:{{sfn | John Marshall Law School | 2010 | p=160}}{{sfn | U.S. Department of Commerce, Patent and Trademark Office | 1997 | p=1300-33}}
* its owner cannot use it (it is used only by providers of certified goods or services);
* the mark does not define the source of the product. Instead, it identifies properties of the good or service (regional or other origin), material, quality, accuracy, etc.

However, what is meant by a [[collective trade marks]] or certification mark differs from country to country. However, a common feature of these types of marks is that they may be used by more than one person, as long as the users comply with the regulations of use or standards established by the holder. Those regulations or standards may require that the mark be used only in connection with goods that have a particular geographical origin or specific characteristics. In some jurisdictions, the main difference between collective marks and certification marks is that the former may only be used by members of an association, while certification marks may be used by anyone who complies with the standards defined by the holder of the mark. The holder, which may be a private or a public entity, acts as a certifier verifying that the mark is used according to established standards. Generally, the holder of a certification mark does not itself have the right to use the mark. <ref>{{Cite web |last= |title=Geographical Indications: An Introduction, 2nd edition |url=https://www.wipo.int/publications/en/details.jsp?id=4562 |access-date=2023-12-05 |website=www.wipo.int |page=29 |language=en}}</ref>

For various reasons, usually relating to technical issues, certification marks are difficult to register, especially in relation to services. One practical [[workaround]] for trademark owners is to register the mark as an ordinary trademark in relation to quality control and similar services.{{cn|date=November 2023}}

=== Certification marks and approvals ===
Certification is often mistakenly referred to as an ''approval'', which is not true.{{cn|date=November 2023}} Organizations such as [[Underwriters Laboratories]], [[TÜV Rheinland]], [[NTA Inc]], and [[CSA International]] will test the products according to standard procedures and "list" them as compliant to that standard. They do not ''approve'' anything except the use of the mark to show that a product has been certified for compliance with such specific standard. Thus, for instance, a product certification mark for a [[fire door]] or for a spray [[fireproofing]] product does not signify its universal acceptance for use within a [[building]]. Approvals are up to the [[Authority Having Jurisdiction]] (AHJ), such as a municipal building inspector or fire prevention officer.

== Regulations ==
[[Trademark law]]s in countries, such as the United States,<ref>{{Cite web|url=http://www.wipo.int/export/sites/www/sct/en/comments/pdf/sct21/cert_us.pdf|title=Submission of the United States of America Certification and Collective Marks Formalities|date=February 2009|website=World Intellectual Property Organisation|access-date=13 June 2017}}</ref> Australia,<ref>{{Cite web|url=https://www.accc.gov.au/business/applying-for-exemptions/certification-trade-marks|title=Certification trade marks|website=Australian Competition and Consumer Commission|date=11 September 2012|access-date=13 June 2017|archive-date=6 June 2017|archive-url=https://web.archive.org/web/20170606181553/https://www.accc.gov.au/business/applying-for-exemptions/certification-trade-marks|url-status=live}}</ref> and others that provide for the filing of applications to register certificate marks also usually require the submission of regulations, which define a number of issues,{{citation needed|date=February 2013}} including:

* People authorized to use the certification mark
* Characteristics that the certification mark certifies
* How the certification or standards tests these characteristics and supervises use of the mark
* What the dispute resolution procedures are

The main purpose of the regulations is to protect consumers against misleading practices.{{citation needed|date=February 2013}}

== Examples ==
{| class="wikitable"
|-
! Primary jurisdiction !! Body/mark !! scope="col" style="width: 10px;"|Image
|-
| International ||
* The ''[[Asthma & Allergy Friendly]]'' Certification Mark allows consumers to identify products relevant for those suffering from asthma and allergies. Allergy Standards<ref>[https://www.allergystandards.com "Allergy Standards"] {{Webarchive|url=https://web.archive.org/web/20220407151236/https://www.allergystandards.com/ |date=7 April 2022 }}. allergystandards.com Allergy Standards.</ref> operates the Certification Program internationally.
*The [[Bureau Veritas]] certification mark, used to indicate, for example, [[sea-worthiness]] of [[ship]]s.
* [[International Fairtrade Certification Mark]]
* The [[SGS S.A.|SGS]] Product Safety Mark is used to prove that the product fulfills all relevant product safety requirements applicable in the destination market.
*The [[Sugarwise]] Certification Mark for sugar related claims identifies products that are low in [[free sugars]]
||
|-
| {{AUS}} 
{{NZL}} 
||
* The [[Joint Accreditation System of Australia and New Zealand]] (JAC ANZ), which has recognised 67 conformity assessment bodies including:
** The AS/NZS accreditation of [[Standards Australia]] and [[Standards New Zealand]].
* The RCM ([[Regulatory Compliance Mark]]) is the compliance mark for all applicable [[Australian Communications and Media Authority]] (ACMA) regulatory arrangements, including all technical and record-keeping requirements. 
* The '''R-NZ''' label is used when the product is a radio transmitter in a class where the level of conformity is A1, A2 or A3, you need to use the R-NZ compliance mark, not the RCM. The R-NZ is a New Zealand-only radio label for radio products not harmonised standard with Australia. 
* The [[Woolmark]] certification{{citation needed|date=January 2012}} mark, used to identify goods that contain [[wool]].
|| <gallery heights="50" widths="50" style="margin:0;padding:0">
File:RCM Mark.png|[[Regulatory Compliance Mark]]

</gallery>
|-
| {{BEL}}||
*[[CEBEC]] is a private certification mark used in Belgium
|[[File:Cebec_hd.jpg|alt=|75x75px|center]] [[CEBEC]]
|-
|{{flag|Brazil}}
|
* In Brazil, electrical and electronic products that meet Brazilian requirements and that are certified by INMETRO must carry the mandatory INMETRO mark.
|<gallery widths="50" heights="50" style="margin:0;padding:0;">
File:Marca Inmetro vertical.png|[[National Institute of Metrology Standardization and Industrial Quality|INMETRO Mark]]
</gallery>
|-
| {{CAN}}||
* The CSA mark used by the [[Canadian Standards Association]]
* The ''[[Asthma & Allergy Friendly]]'' Certification Mark is operated in Canada by Allergy Standards<ref>[https://www.allergystandards.com "Allergy Standards"] {{Webarchive|url=https://web.archive.org/web/20220407151236/https://www.allergystandards.com/ |date=7 April 2022 }}. allergystandards.com Allergy Standards.</ref> in partnership with [[Asthma Canada]].
|| <gallery heights="50" widths="50" style="margin:0;padding:0">
File:Logo CSA mark.svg|[[CSA Group|CSA mark]]
File:Canada general-mark.jpg|[[Asthma and Allergy Friendly|Asthma & Allergy Friendly]] 
</gallery>
|-
|{{CHN}}||
* The [[China Compulsory Certificate]] mark used by China.
|| <gallery heights="50" widths="50" style="margin:0;padding:0">
File:C.C.C.-Logo.svg| [[China Compulsory Certificate]]  
</gallery>
|-
| {{CIS}} ||
* [[State Quality Mark of the USSR]]
* [[GOST]]
* [[Eurasian Conformity mark]]
|| <gallery heights="50px" widths="50px" style="margin:0;padding:0">
File:EAC-black-on-white.gif|EAC mark
</gallery><gallery heights="50px" widths="50px" style="margin:0;padding:0">
File:Знак соответствия.svg|[[GOST]] mark
</gallery>
|-
|[[Eurasian Customs Union]]||
* The [[Eurasian Conformity mark]] used by the [[Eurasian Customs Union]]
|| <gallery heights="50" widths="50" style="margin:0;padding:0">
File:EAC-black-on-white.gif| [[Eurasian Conformity mark|EAC mark]] 
</gallery>
|-
|{{Flagcountry|European Union}} ||
* The [[CE mark]] is a mandatory conformity mark for products placed on the market in the [[European Economic Area]] (EEA). With the CE marking on a product the manufacturer ensures that the product conforms with the essential requirements of the applicable [[Directive (European Union)|EC directives]].
||<gallery heights="50px" widths="50px" style="margin:0;padding:0">
File:Conformité_Européenne_(logo).svg|[[CE mark]]
</gallery>
|-
| {{FRA}} ||
* In the domestic market, the 'NF' certification mark referring to 'Norme française' (French standard). The NF mark is a collective certification mark attesting to the conformity of a product or service to safety and quality characteristics. It is issued by Afnor Certification, as well as by certain organizations belonging to the NF network.
* The "Champagne" certification mark, used to indicate goods that have an [[appellation of origin]] of the [[Champagne, France|Champagne]] region in France.
||<gallery heights="50px" widths="50px" style="margin:0;padding:0">
File:NF logo (Norme française).png|NF logo (Norme française)
</gallery>
|-
| {{GER}} ||
* TÜV marks, used by private safety organizations called [[Technischer Überwachungsverein]] in Germany
*[[Blue Angel (certification)|Blue Angel]], used by products to certify it passed strict environmental standards by the organisation. 
||
|-
| {{Flagicon|Gulf Cooperation Council}} [[Gulf Cooperation Council]] ||
* G-marks, used by private safety organizations in GCC
||<gallery heights="50px" widths="50px" style="margin:0;padding:0">
File:Gulf Confirmity mark.svg|[[G-mark]]
</gallery>
|-
| {{IND}} ||
* [[Certification marks in India]] including:
** [[ISI mark]] indicating conforming to Indian Standards (as specified)
|| [[File:Isi mark.svg|alt=|thumb|100x100px]]
|-
| {{JAP}} ||
* [[Japanese Industrial Standards]] symbol (〄, U+3004)
|| <gallery heights="50px" widths="50px" style="margin:0;padding:0">
Image:JIS_mark.svg|[[Japanese Industrial Standards]]
</gallery>
|-
| {{MEX}} ||
* The [[Norma Oficial Mexicana|NOM]] logo serves a similar purpose for products on the market in [[Mexico]].
|| <gallery heights="50px" widths="50px" style="margin:0;padding:0">
Image:Norma Oficial Mexicana logo.png|[[Norma Oficial Mexicana]]
</gallery>
|-
|{{NOR}}
|
* Norges Elektriske Materiellkontroll (NEMKO), Norway [[NEMKO]]
|[[File:Conformity mark nemko norway.gif|border|center|frameless|50x50px]]
|-
| {{KOR}} ||
* KC Certification (also known as KC Safety Certification or KC Mark Korea Certification) is a product certification that proves the compliance of products with Korean safety regulations.
|| <gallery heights="50px" widths="50px" style="margin:0;padding:0">
Image:KC Certification logo.png|KC Certification logo
</gallery>
|-
| {{SWE}} ||
* Electrical Testing Laboratory, Sweden [[ETL SEMKO]]
|| <gallery heights="50px" widths="50px" style="margin:0;padding:0">
Image:SEMKO.png|[[ETL SEMKO]]
</gallery>
|-
|{{flag|Taiwan}}||
* [[Bureau of Standards, Metrology and Inspection]] marks such as the Registration of Product Certification
|| <gallery heights="50px" widths="50px" style="margin:0;padding:0">
<!-- Image:NEMKO.gif|[[NEMKO]] -->
</gallery>
|-
| {{UKR}} ||
* DSTU, State Standard of Ukraine is regulated by [[State Committee for Technical Regulation and Consumer Policy]]
|| <gallery heights="50px" widths="50px" style="margin:0;padding:0">
UkrSEPRO.svg|[[State Committee for Technical Regulation and Consumer Policy|DSTU mark]]
</gallery>
|-
| {{GBR}} ||
* [[Kitemark]] is a British Standard under BSI Group.
* The LPCB (Loss Prevention Certification Board) mark by BRE Global (part of the [[Building Research Establishment]] group) independently certificates fire and security products, which are then listed in the Red Book.
* [[UKCA]] (UK Conformity Assessed) for the rest; [[UKNI]] for [[Northern Ireland]]
|| <gallery heights="50" widths="50" style="margin:0;padding:0">
File:Kitemark.png|[[Kitemark]]
File:UKCA filled.svg|[[UKCA marking|UKCA mark]]
</gallery>
|- 
| {{USA}} ||
* The ''[[Asthma & Allergy Friendly]]'' Certification Mark is operated in the US by Allergy Standards in partnership with the [[Asthma and Allergy Foundation of America]].
*[[Energy Star]] for energy efficient consumer products originating in the US
* The [[FCC Declaration of Conformity]] is a mandatory conformity mark for electronic equipment manufactured or sold in the United States. This marking certifies that the product meets standards of the [[Federal Communications Commission]] regarding [[electromagnetic interference]].
*The [[hechsher]] of the [[Orthodox Union]] indicating conformity [[Judaism]]'s [[Halakha]] standards, a [[Kosher certification agency]].
*The "Idaho" and "Grown in Idaho" certification marks, used by [[Idaho Potato Commission]] to indicate [[potato]]es grown in the State of [[Idaho]] in the United States of America.
* The National Testing Agency ([[NTA Inc]]) mark allows consumers to identify certified products in the United States building industry.
* QAI Laboratories (QAI) certification mark, commonly used on building products, plumbing, and electrical products.
* [[Underwriters Laboratories]] holds a [[service mark]] on the phrase "UL Listed", and allows manufacturers of electrical and other safety equipment to use the UL mark only if they are under follow-up agreement by UL. This lets consumers identify products that meet quality criteria set by a company other than the manufacturer.
|| <gallery heights="50" widths="50" style="margin:0;padding:0">
File:FCC New Logo.svg|[[FCC Declaration of Conformity|FCC]]
File:NTA Mark.png|[[NTA Inc]]
File:Oulogob.svg|[[hechsher]]
File:Energy Star logo.svg|[[Energy Star]]
</gallery>
|}

== International treaties and certification marks ==
Many jurisdictions have been required to amend their trade mark [[legislation]] to accommodate protection of certification marks under the [[TRIPs]] treaty.

Some jurisdictions recognise certification marks from other jurisdictions. This means good manufactured in one country may need not go through certification in another. One example is the [[European Union]] recognition of [[Australia]] and [[New Zealand]] marks based on an [[International treaty]].<ref>[http://www3.austlii.edu.au/au/other/dfat/treaties/1999/2.html “Agreement on Mutual Recognition in relation to Conformity Assessment, Certificates and Markings between Australia and the European Community ATS 2 of 1999“] {{Webarchive|url=https://web.archive.org/web/20170416130821/http://www3.austlii.edu.au/au/other/dfat/treaties/1999/2.html |date=16 April 2017 }}. Australasian Legal Information Institute, Australian Treaties Library. Retrieved on 15 April 2017.</ref>

== Cases ==
Cases involving certification marks include:
* ''[[Re Legal Aid Board's Trade Mark Application]]'' (unreported 3 October 2000, UK CA)
*the [[Sea Island Cotton case]] [1989]RPC 87

==See also==
{{columnslist|colwidth=28em|
* [[Certification listing]]
* [[Certification marks in India]]
* [[Collective trade marks]]
* [[Fire protection]]
* [[Hallmark]]
* [[Listing and approval use and compliance]]
* [[Passive fire protection]]
* [[Product certification]]
* [[State quality mark of the USSR]]
* [[Trademark]]
}}

== References ==
{{reflist}}

== Sources ==
* {{cite book | last=John Marshall Law School | title=The Intersection of Intellectual Property Law and the Green Movement: RIPL's Green Issue 2010 | publisher=Quid Pro, LLC | year=2010 | isbn=978-1-61027-973-4 | url=https://books.google.com/books?id=QyOdll7F52wC&pg=PT160 | access-date=2023-11-29}}
* {{cite book | title=Trademark Manual of Examining Procedure (TMEP). | publisher=U.S. Department of Commerce, Patent and Trademark Office | year=1997 | url=https://books.google.com/books?id=nSHFdxZwXdEC&pg=SA1300-PA33 | ref={{sfnref | U.S. Department of Commerce, Patent and Trademark Office | 1997}} | access-date=2023-11-29}}
* {{cite book | last=Belson | first=J. | title=Certification Marks | publisher=Sweet & Maxwell | series=Special Report Series | year=2002 | isbn=978-0-421-75820-9 | url=https://books.google.com/books?id=TjMD-0uZLmUC | access-date=2023-11-29}}
* {{cite journal | last1 = De Munck | first1 = Bert | title = The agency of branding and the location of value. Hallmarks and monograms in early modern tableware industries | journal = Business History | date = December 2012 | volume = 54 | issue = 7 | pages = 1055–1076 | issn = 0007-6791 | eissn = 1743-7938 | doi = 10.1080/00076791.2012.683422 | pmid = | s2cid = 218587496 | url = }}

== External links ==
{{Commons category|Certification labels}}
* [http://www.technick.net/public/code/cp_dpage.php?aiocp_dp=guide_safetymarks List of Standard Certification Marks] – description of the most common standard certification marks


{{Certification marks}}

{{Trademark law}}

{{Authority control}}

{{DEFAULTSORT:Certification Mark}}
[[Category:Certification marks| ]]
[[Category:Standards]]
[[Category:Trademark law]]