Certification Trade Marks

A certification trade mark is used to show that a product or service complies with specific characteristics or standards. Unlike a standard trade mark, which indicates the commercial origin of goods or services (i.e., who made or sold it), a certification trade mark signifies that the product or service has been certified by a governing body as meeting certain criteria.

For example, you might have seen labels like “Certified Organic” or “Australian Made” on product packaging. These are certification marks. They aren’t owned by the producer of the product, but rather by an organization that has authorized that producer to use the mark because the product meets their certification rules.

Who Can Apply?

Certification trade marks are usually applied for by industry bodies, government organizations, or certifying authorities, not the businesses that manufacture or sell the goods. The applicant must not have a commercial interest in the goods or services certified, as this could lead to a conflict of interest. The goal is to ensure that certification is objective and not influenced by the commercial success of any particular product.

Key Requirements for Filing

The application process for a certification trade mark is more involved than for a standard trade mark. Here’s what’s needed-

Rules Governing the Certification Scheme

A major component of your application will be the rules for how the trade mark is to be used. These rules must be robust, transparent, and consistently applied. These rules must clearly set out-

• The standards or characteristics the goods/services must meet
• The process for assessing whether a user qualifies
• Who is authorised to certify use of the trade mark
• Procedures for managing compliance and complaints

ACCC Approval

Unlike a standard trade mark, certification marks must be approved by the Australian Competition and Consumer Commission (ACCC) before IP Australia will register the mark. The ACCC’s role is to ensure that the certification process is fair and doesn’t mislead consumers or give an unfair competitive advantage. The ACCC assesses the rules to ensure they promote competition, do not discriminate unfairly, and that the certification process is reliable.

The Registration Process

Keep in mind that the ACCC review can take several months, so be prepared for a longer timeline compared to standard trade marks. Here’s how the process usually unfolds-

• File the application with IP Australia, including your proposed certification rules.
• IP Australia conducts an initial examination, focusing on issues like similarity to other trade marks and compliance with the Trade Marks Act.
• If the application passes examination, IP Australia refers the rules to the ACCC.
• The ACCC conducts a detailed review of the rules. They may ask for amendments or clarifications.
• Once the ACCC approves the rules, IP Australia proceeds with registration, and the mark is published in the Trade Marks Journal.

Common Use Cases

Certification trade marks are commonly used in-

• Agriculture and food (e.g., certified organic, free-range)
• Environmental and sustainability programs
• Trade associations (e.g., Australian Woolmark)
• Regional products (e.g., Champagne from France or Manuka honey from NZ)

They are especially useful when consumers are seeking reassurance about the quality or origin of goods and services.

Benefits of Certification Trade Marks

They’re not just trade marks, but they’re a system of trust and quality assurance.

• Build trust with consumers by signaling compliance with recognized standards.
• Protect the reputation of an industry or region.
• Provide a competitive edge for certified users.
• Enable transparent enforcement through a defined certification scheme.