Defining the EU certification mark

Abstract

... As from 1 October 2017, the rules for the new EU certification marks apply.1 In contrast to ordinary EU trade marks (EUTM), EU certification marks serve to communicate adherence to certain quality standards. The newly inserted Article 83 of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (EUTMR)2 provides Union-wide protection for certification marks and thereby remedies the pre-existing imbalance between national systems. In the absence of any experience with certification marks at European Union scale, national legislation and practice may provide guidance on how to interpret the new provisions on certification marks. Only time will tell how the full contours of the EU certification mark will evolve. It is the task of the European Union Intellectual Property Office (EUIPO), the General Court and the Court of Justice of the European Union (CJEU) to shape this new category of EU marks.