Certification mark

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A certification mark (or conformity mark) on a commercial product often indicates the existence of an accepted product standard or regulation and a claim that the manufacturer has tested or verified the product to certify compliance with that standard or regulation. The specific specification, test methods, and frequency of testing are published by the standards organization. Certification listing does not necessarily guarantee fitness for use.

Video Certification mark

Certification marks distinguished from other marks

Certification marks differ from collective trade marks. The main difference is that collective trade marks may be used by particular members of the organization which owns them, while certification marks are the only evidence of the existence of follow-up agreements between manufacturers and nationally accredited testing and certification organisations. Certification organizations charge for the use of their labels and are thus always aware of exact production numbers. In this way, certification organisations can be seen to earn a commission from sales of products under their follow-up regimes. In return, the use of the certification marks enables the product sales in the first place.

Certification is often mistakenly referred to as an "approval", which is often not true. Organizations such as Underwriters Laboratories, NTA Inc, and CSA International for instance, only "list", they do not approve anything except the use of the mark to show that a product has been certified. 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. Conversely, FM Global does use the term "Approvals" for its certification listings, which are intended for use of the products within buildings that are insured by FM Global. The German accreditor Deutsches Institut für Bautechnik (DIBt) issues "Approvals" for systems. All of these listed products must conform to listing and approval use and compliance.

For various reasons, usually relating to technical issues, certification marks are difficult to register, especially in relation to services. One practical workaround for trade mark owners is to register the mark as an ordinary trade mark in relation to quality control and similar services.

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.

Maps Certification mark

Regulations concerning the use of certification marks

Trademark laws in countries, such as the United States, Australia and others which provide for the filing of applications to register certificate marks also usually require the submission of regulations which set out a number of matters, including:

• the people authorized to use the certification mark
• the characteristics to be certified by the certification mark
• how the certifying or standards tests these characteristics and supervises the use of the mark
• dispute resolution procedures

The main purpose of the regulations is to protect consumers against misleading practices.

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Some examples

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International treaties and certification marks

Many jurisdictions have been required to amend their trade mark legislation in order to accommodate the requirement of 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.

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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

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See also

• Certification listing
• Certification marks in India
• Collective trade marks
• Fire protection
• Hallmark
• Listing and approval use and compliance
• Passive fire protection
• Product certification
• Trademark

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References

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External links

• List of Standard Certification Marks - description of the most common standard certification marks
• Risknowlogy Certification Marks - certification marks for risk, reliability, safety and SIL related products, solutions, services, organisations and professionals

Source of the article : Wikipedia