TRADEMARK Registartion
A certification trademark is "a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other points.
Thus, the sole purpose of a certification trademark is to indicate that certain requirements set by the proprietor of the mark have been met. Some examples of Indian certification trademarks are as follows:
WOOLMARK (that certifies that a product is made from 100% wool)
ORGANIC INDIA (that certifies a method or mode of manufacture)
ISI mark (that certifies that products conform to a set of standards laid by the Bureau of Indian Standards)
Process of certification
- Applicants must file applications to register the certification trademarks in the classes of goods or services being certified.
- The documentation must submit, with a certification trademark application, a Statement of Case that sets out the grounds of the application.
- Once the application to register a certification trademark is filed, the Indian Trade Marks Registry shall ascertain whether the application satisfies the necessary requirements as per Indian law.
- Once the Registry is satisfied that the requirements set out under the law have been met, the application will be advertised in the Trade Marks Journal. The application will remain open to opposition if there is no opposition, the certification trademark will be registered.
The term of registration for a certification trademark is ten (10) years. There are applicable fees which needs to be paid yearly to continue with the same.
Advantages
- Exclusive Rights
- Builds Trust and Loyalty of the brand of goods & services
- Differentiates Product from the others
- Provides Identity to a Product’s Quality in the long run
- Intangible Asset Creation
- Legal Right to Use the ® Symbol
- Safeguard Against Infringement and duplication and revenue leakage
- Low-Cost Protection of the product brand value for 10 Years
- Global Trademark Registration
- Attract Human Resources
- Market Access
- Premium product offering
- Commands pricing advantage
