Many companies will learn about trademarks when registering or transferring trademarks. It is not difficult to find the existence of certification trademarks. You may have questions about this. What is a certification trademark and how does it compare with other trademarks? Are there any differences? Does an enterprise need to choose this type of trademark for registration? In response to these questions, the editor has compiled the following knowledge points for you.
1. First, let’s look at the definition of certification marks:
It refers to a mark used to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of goods or services. Generally speaking, a certification mark is controlled by an organization that oversees certain goods or services, and the organization that provides the goods or services designated by the mark only has the right to use it.
Secondly, let’s look at how certification marks are different from other trademarks
1. Quality certification
The purpose of certification marks is to indicate that the goods or services have specific Quality, while a common trademark is just a sign that distinguishes the product or service from other homogeneous goods or services.
2. Licensed use
The licensed use of certification trademarks must be carried out in accordance with relevant laws and regulations. The owner of the certification trademark needs to issue a license for the trademark to the user; the legality of ordinary trademarks Licensing requires a licensing contract.
3. Legal basis
The legal basis for certification trademark application are the "Trademark Law", "Trademark Law Implementation Regulations" and "Registration and Management Measures for Collective Trademarks and Certification Trademarks" , when applying for and managing certification trademarks, you need to comply with relevant legal regulations. Ordinary trademarks only need to be applied for and used in accordance with the provisions of the Trademark Law and the Implementation Regulations of the Trademark Law.
4. Transfer rules
The transferee of a certification trademark must be an organization with legal personality and the same supervisory and testing capabilities as the transferor; the transferee of an ordinary trademark only needs to be Legally operated businesses or individuals are sufficient.
5. User
The user of the certification trademark is the certain type of product or service that the trademark refers to, and the registrant himself cannot use it; the user of an ordinary trademark is the registrant himself or business.
6. Expiration protection mechanism
Within two years after the certification trademark expires, the Trademark Office will not approve the registration of identical or similar trademarks, while the protection period for ordinary trademarks is only One year.
7. Application subject qualifications
Applicants for certification trademarks must have legal person qualifications and have the ability to supervise and test a specific product or service; while the registration of ordinary trademarks A person can be an individual or a business.
Trademarks are very important intangible assets for enterprises. If you want to enter the market and create your own brand, the first step is to use a trademark.