Warranty mark

The certification mark – legal protection for test marks and quality seals

Since January 14, 2019, certification marks can be registered with the German Patent and Trademark Office for the first time in Germany. This special form of trademark protection was created specifically for organizations that issue neutral seals of approval, test marks, or quality standards.

In contrast to the traditional individual trademark, which primarily serves to identify the origin of products or services, the certification mark focuses on securing objective quality characteristics. It guarantees that the labeled goods or services meet certain standards – regardless of who manufactured or offered them.

The certification mark is designed to certify certain characteristics of goods or services through a neutral authority. For effective registration and legally compliant use of this type of trademark, the following requirements must be met:

Independence of the trademark owner
The trademark owner must not be legally or economically affiliated with the providers of the certified products or services. This means that they may not be the manufacturer, distributor, or service provider of these goods or services. Only through this strict neutrality can the necessary objectivity and credibility of the trademark be ensured.

Regular checks and monitoring
The characteristics associated with the trademark must be continually monitored. Use of the trademark is only permitted if the defined requirements are actually met. The responsibility for monitoring and ensuring compliance with these standards lies with the trademark owner, who must implement appropriate testing procedures.

Transparency towards the consumer
Both the guaranteed characteristics and the underlying verification and control mechanisms must be clearly defined and publicly accessible. This information is documented in a binding trademark statute, which is submitted to the Trademark Office and published in the Trademark Register. This creates a high degree of traceability and trust for consumers.

Are you thinking about registering a certification mark or would you like to have the protectability of your quality seal examined?
My trademark law firm provides expert support – from initial legal consultation to drafting the trademark regulations and registration with the German Patent and Trademark Office (DPMA) or the European Union Patent and Trademark Office (EUIPO). Secure support now for legally secure trademark protection with certification functions.

The trademark regulations are the central set of rules for a certification mark and form the basis for its legally secure use. They stipulate in binding terms which properties are certified and under which conditions the trademark may be used. According to Section 106d Paragraph 2 of the Trademark Act, certain content must be regulated to ensure transparency and legal clarity.

Overview of mandatory contents of the trademark statute:

• Guaranteed product features: The statutes must describe in concrete terms which features, standards or quality criteria are guaranteed by the brand.

• Regulations on trademark use: It must be clearly defined who is allowed to use the trademark and what conditions must be met.

• Testing and control procedures: The statutes must set out in detail how compliance with the guaranteed characteristics will be verified – including the type, scope and frequency of the checks.

Structure and comprehensibility of the statutes
The trademark regulations must be designed in such a way that third parties – in particular users, testing institutions and consumers – can clearly identify the guaranteed content and its scope.
To explain technical details or test procedures, reference may be made to external, publicly accessible sources such as specialist publications or websites.

Since the introduction of the certification mark in 2019, the German Patent and Trademark Office (DPMA) has already received more than 100 applications. Among the successfully registered trademarks are the state quality seal “Green Button”, which stands for socially and ecologically responsible clothing, as well as the word mark “active office certificate” (DE 3020190090361) for ergonomic office furniture.

Typical challenges when registering
Despite the successful examples, practice shows that many applications fail due to formal or substantive hurdles:

• Wrong brand category selected: In several cases, the certification mark was mistakenly applied for instead of an individual or collective mark. Since changing the trademark form during the proceedings is not possible, this can lead to complete rejection.

• Lack of distinctiveness: If the guaranteeing character of the mark is not clearly recognizable, the Office will refuse registration due to lack of distinctive character.

• Inadequate trademark regulations: Often the application fails due to unclearly formulated or incomplete trademark regulations that do not meet the legal requirements.

Conclusion:
Anyone wishing to register a certification mark should carefully review the specific requirements in advance. My trademark law firm will reliably assist you – from selecting the appropriate trademark form and drafting legally compliant trademark regulations to successful registration with the German Patent and Trademark Office (DPMA) or the European Union Patent and Trademark Office (EUIPO).

Registering a certification mark is subject to specific legal requirements, so careful preparation is essential. To ensure your trademark is registered smoothly, please consider the following points:

1. Clarify the actual function of your brand
Before you start the registration process, check carefully whether your trademark meets the requirements of a certification mark.
Important: The trademark owner may not manufacture the goods in question or offer the associated services themselves. The trademark serves solely to certify certain properties or standards – not for self-promotion.

2. Pay attention to the guaranteeing character
For successful registration, the trademark must be clearly recognizable as a certification mark. This can be supported by, among other things, the following elements:

• Word components, such as “tested”, “certified”, “test seal” or “quality mark”

• Visual design, e.g. a seal motif or a check mark symbol with verification character
  The overall impression of the trademark must convey an objective guarantee – this is crucial for registrability.

3. Fulfill the formal requirements of the trademark statute
The trademark regulations are the heart of your certification mark. They must clearly and comprehensibly regulate

• which properties or quality standards are guaranteed,

• how these are checked,

• which requirements users must meet.

Only a complete and precisely drafted statute meets the legal requirements and leads to successful registration.

Professional support ensures success
My trademark law firm will guide you through every step – from legal classification and the drafting of the trademark regulations to registration with the German Patent and Trademark Office (DPMA) or the European Union Patent and Trademark Office (EUIPO). Leverage my expertise for a legally compliant brand presence with certification functions.