Certification mark
Encyclopedia
A certification mark on a commercial product indicates five things:
On the part of the certifier, the label itself is a type of trademark
whereby the listee, or manufacturer, uses the mark to indicate eligibility of the products for use in field installations in accordance with the requirements of the code, and/or the origin, material, mode of manufacture of products, mode of performance of services, quality, accuracy of other characteristics of products or services.
. 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
, 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 building
s that are insured by FM Global. The German accreditor Deutsches Institut für Bautechnik (DIBt) issues "Approvals" for system
s. 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.
The main purpose of the regulations is to protect consumers against misleading practices.
in order to accommodate the requirement of protection of certification marks under TRIPs.
- The existence of a legal follow-up or product certificationProduct certificationProduct certification or product qualification is the process of verifying that a certain product has passed performance tests and quality assurance tests or qualification requirements stipulated in contracts, regulations, or specifications...
agreement between the manufacturer of a product and an organization with national accreditation for both testing and certification, - Legal evidence that the product was successfully tested in accordance with a nationally accredited standardStandardizationStandardization is the process of developing and implementing technical standards.The goals of standardization can be to help with independence of single suppliers , compatibility, interoperability, safety, repeatability, or quality....
, - Legal assurance the accredited certification organization has ensured that the item that was successfully tested is identical to that which is being offered for sale,
- Legal assurance that the successful test has resulted in a certification listingCertification listingA certification listing is a document used to guide installations of certified products against which a field installation is compared to make sure that it complies with a regulation, such as a building code...
, which is considered public information, which sets out the tolerances and conditions of use for the certified product, to enable compliance with the lawLawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
through listing and approval use and compliance, - Legal assurance that the manufacturer is being regularly auditAuditThe general definition of an audit is an evaluation of a person, organization, system, process, enterprise, project or product. The term most commonly refers to audits in accounting, but similar concepts also exist in project management, quality management, and energy conservation.- Accounting...
ed by the certification organization to ensure the maintenance of the original process standard that was employed in the manufacture of the test specimen that passed the test. If the manufacturer should fail an audit, all product that was certifiedProduct certificationProduct certification or product qualification is the process of verifying that a certain product has passed performance tests and quality assurance tests or qualification requirements stipulated in contracts, regulations, or specifications...
, including labels of stock on hand, on construction sites, with end-user customers and on distributor store shelves, can be mandated by the cirtification organization in charge to be immediately removed, and can insist that all stakeholders be informed that the de-listed product certificationProduct certificationProduct certification or product qualification is the process of verifying that a certain product has passed performance tests and quality assurance tests or qualification requirements stipulated in contracts, regulations, or specifications...
is no longer eligible for use in field installations.
On the part of the certifier, the label itself is a type of trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
whereby the listee, or manufacturer, uses the mark to indicate eligibility of the products for use in field installations in accordance with the requirements of the code, and/or the origin, material, mode of manufacture of products, mode of performance of services, quality, accuracy of other characteristics of products or services.
Certification marks distinguished from other marks
Certification marks differ from collective trade marksCollective trade marks
A collective trade mark or collective mark is a trademark owned by an organization , whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.Collective trade marks are exceptions to the underlying...
. 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
Underwriters Laboratories
Underwriters Laboratories Inc. is an independent product safety certification organization. Established in 1894, the company has its headquarters in Northbrook, Illinois. UL develops standards and test procedures for products, materials, components, assemblies, tools and equipment, chiefly dealing...
, and CSA International
CSA International
CSA International , a member of the CSA Group, is a provider of product testing and certification services for electrical, mechanical, plumbing, gas and a variety of other products...
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
Fire door
A fire door is a door with a fire-resistance rating used as part of a passive fire protection system to reduce the spread of fire or smoke between compartments and to enable safe egress from a building or structure or ship...
or for a spray fireproofing
Fireproofing
Fireproofing, a passive fire protection measure, refers to the act of making materials or structures more resistant to fire, or to those materials themselves, or the act of applying such materials. Applying a certification listed fireproofing system to certain structures allows these to have a...
product, does not signify its universal acceptance for use within a building
Building
In architecture, construction, engineering, real estate development and technology the word building may refer to one of the following:...
. Approvals are up to the Authority Having Jurisdiction (AHJ), such as a municipal building inspector or fire prevention officer. Conversely, FM Global
FM Global
FM Global is a U.S.-based insurance company, with offices worldwide, that specializes in loss prevention services primarily to large corporations throughout the world in the Highly Protected Risk property insurance market sector. "FM Global" is the communicative name of the company, whereas the...
does use the term "Approvals" for its certification listings, which are intended for use of the products within building
Building
In architecture, construction, engineering, real estate development and technology the word building may refer to one of the following:...
s that are insured by FM Global. The German accreditor Deutsches Institut für Bautechnik (DIBt) issues "Approvals" for system
System
System is a set of interacting or interdependent components forming an integrated whole....
s. 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
Workaround
A workaround is a bypass of a recognized problem in a system. A workaround is typically a temporary fix that implies that a genuine solution to the problem is needed...
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.
Regulations concerning the use of certification marks
Trademark laws in countries 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.
Examples
Examples of certification marks include:- Underwriters LaboratoriesUnderwriters LaboratoriesUnderwriters Laboratories Inc. is an independent product safety certification organization. Established in 1894, the company has its headquarters in Northbrook, Illinois. UL develops standards and test procedures for products, materials, components, assemblies, tools and equipment, chiefly dealing...
holds a service markService markA service mark or servicemark is a trademark used in some countries, notably the United States, to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used...
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. - The National Testing Agency (NTA IncNTA IncNTA Inc is a nationally recognized testing laboratory and third party certification agency headquartered in Nappanee, Indiana, USA.- About NTA :NTA evaluates and certifies products for the residential and commercial building industry....
) mark allows consumers to identify certified products in the building industry. - Quality Auditing Institute (QAI) certification mark, commonly used on building products, plumbing, and electrical products.
- The LPCB (Loss Prevention Certification Board) mark by BRE Global (part of the Building Research EstablishmentBuilding Research EstablishmentThe Building Research Establishment is a former UK government establishment that carries out research, consultancy and testing for the construction and built environment sectors in the United Kingdom...
group) independently certificates fire and security products, which are then listed in the Red Book. - The "Woolmark" certification mark , used to identify goods which contain woolWoolWool is the textile fiber obtained from sheep and certain other animals, including cashmere from goats, mohair from goats, qiviut from muskoxen, vicuña, alpaca, camel from animals in the camel family, and angora from rabbits....
. - The "Idaho" and "Grown In Idaho" certification marks, used by Idaho Potato CommissionIdaho Potato CommissionThe Idaho Potato Commission is a self governing agency of the State of Idaho that was established in 1937 as the Idaho Fruit and Vegetable Advertising Commission. It has many responsibilities, but its primary responsibility is to promote the Idaho potato through advertising, public relations,...
to indicate potatoPotatoThe potato is a starchy, tuberous crop from the perennial Solanum tuberosum of the Solanaceae family . The word potato may refer to the plant itself as well as the edible tuber. In the region of the Andes, there are some other closely related cultivated potato species...
es grown in the State of IdahoIdahoIdaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
in the United States of America. - The "Champagne" certification mark, used to indicate goods which have an appellation of origin of the ChampagneChampagne, FranceChampagne is a historic province in the northeast of France, now best known for the sparkling white wine that bears its name.Formerly ruled by the counts of Champagne, its western edge is about 100 miles east of Paris. The cities of Troyes, Reims, and Épernay are the commercial centers of the area...
region in FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. - The Bureau VeritasBureau VeritasBureau Veritas S.A. is a multinational company providing conformity assessment, certification and consulting services to industry, government and individuals. Originally formed in Antwerp in 1828 as Bureau de Renseignements pour les Assurances Maritimes , the Bureau Veritas name was adopted in 1829...
certification mark, used to indicate, for example, sea-worthiness of shipShipSince the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
s. - The hechsherHechsherA hechsher is the special certification marking found on the packages of products that have been certified as kosher . In Halakha , the dietary laws of kashrut specify food items that may be eaten and others that are prohibited as set out in the commandments of the Torah...
of the Orthodox UnionOrthodox UnionThe Union of Orthodox Jewish Congregations of America , more popularly known as the Orthodox Union , is one of the oldest Orthodox Jewish organizations in the United States. It is best known for its kosher food preparation supervision service...
. - The Integrative Pastoral Medicine certification mark, as used by authorized persons, certifies that the individual providing specific healthcare & mental health services has met all of the professional, educational, spiritual/moral & scientific clinical skills and requirements of the Apprenticeship and Certification Board of Integrative and Pastoral Medicine(also known as the Integrative Pastoral Medical Association) and is licensed to provide service as a Doctor and/or Therapist and/or Consultant of Integrative and/or Pastoral Medicine(Class B Occupational Pastoral Medical license).
- The Asthma & Allergy Friendly Certification Mark allows consumers to identify products that have been put through and passed standardised testing that is relevant for those suffering from asthma and allergies. Allergy Standards Limited operates the Certification Program in America, Canada, Ireland and the UK. In America, the Certification Mark status is controlled by the United States Patents and Trademark Office.
International treaties and certification marks
Many jurisdictions have been required to amend their trade mark legislationLegislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
in order to accommodate the requirement of protection of certification marks under TRIPs.
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
- Conformance markConformance markMuch equipment and tools have conformance marks stamped, inscribed, moulded, or printed on them to indicate that the tool or equipment in question meets the standards set by the body indicated by the mark or marks in question....
- Listing and approval use and compliance
- Product certificationProduct certificationProduct certification or product qualification is the process of verifying that a certain product has passed performance tests and quality assurance tests or qualification requirements stipulated in contracts, regulations, or specifications...
- Certification listingCertification listingA certification listing is a document used to guide installations of certified products against which a field installation is compared to make sure that it complies with a regulation, such as a building code...
- Fire protectionFire protectionFire protection is the study and practice of mitigating the unwanted effects of fires. It involves the study of the behaviour, compartmentalisation, suppression and investigation of fire and its related emergencies, as well as the research and development, production, testing and application of...
- Passive fire protectionPassive fire protectionPassive fire protection is an integral component of the three components of structural fire protection and fire safety in a building. PFP attempts to contain fires or slow the spread, through use of fire-resistant walls, floors, and doors...
- Collective trade marksCollective trade marksA collective trade mark or collective mark is a trademark owned by an organization , whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.Collective trade marks are exceptions to the underlying...
- HallmarkHallmarkA hallmark is an official mark or series of marks struck on items made of precious metals — platinum, gold, silver and in some nations, palladium...
- TrademarkTrademarkA trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
- Underwriters LaboratoriesUnderwriters LaboratoriesUnderwriters Laboratories Inc. is an independent product safety certification organization. Established in 1894, the company has its headquarters in Northbrook, Illinois. UL develops standards and test procedures for products, materials, components, assemblies, tools and equipment, chiefly dealing...
- CSA InternationalCSA InternationalCSA International , a member of the CSA Group, is a provider of product testing and certification services for electrical, mechanical, plumbing, gas and a variety of other products...
- Canadian Standards AssociationCanadian Standards AssociationThe Canadian Standards Association, also known as the CSA, is a not-for-profit Standards organization with the stated aim of developing standards for use in 57 different areas of specialisation...
- State Quality Mark of the USSRState Quality Mark of the USSRThe State Quality Mark of the USSR was the official Soviet mark for the certification of quality established in 1967.It was used to mark consumer, production, and technical goods to certify that they met quality standards and, in general, to increase the effectiveness of the production system in...
External links
- SAI Global Product Compliance Services
- Safety Link - Electrical Product Safety & Standards Resources
- Deutsches Institut für Bautechnik (DIBt)
- UK Intellectual Property Office
- International Trademark Association: certification marks
- Standards Council of Canada
- Underwriters' Laboratories of Canada
- Deutsches Institut für Normung (DIN)
- iBMB TU Braunschweig
- Applus
- CSA International
- Canadian Standards Association
- BRE Global and the Red Book Fire and Security Certification Listing
- Allergystandards.com
- IBCIM.ORG
- List of Standard Certification Marks - Description of the most common standard certification marks.