The Certification Mark as a New EU-Wide Industrial Property Right

Abstract

This article deals with the EU certification mark, which is a new development in EU trade mark law introduced by amendments to Regulation 207/2009 on EU trade marks. The article describes the basic purpose of certification marks, which is to certify the characteristics of goods and services, and compares them with other types of marks (ordinary and collective trade marks). The conditions that need to be met in order to obtain an EU certification mark are emphasised. In this context several issues are discussed, especially those regarding the ownership of certification marks and the related rules under which the trade mark owner is prohibited from performing business involving the supply of goods or services of the kind certified, ambiguities surrounding the concept of the certifying body, the co-existence of an ordinary mark, and the restrictions regarding the use of certification marks. The authors believe that a certifying body as a term used in the amended Regulation 207/2009 should encompass the owner as well as third parties authorised to monitor the use of EU certification marks, and that the co-existence of a mere “plain” ordinary mark registered for the same goods or services as certified or a filed application thereof should be a reason for refusal of registration or its invalidity.