1. What is certification mark?
According to the Law on Intellectual Property, certification mark means a mark which is authorized by its owner to be used by another organization or individual on the latter's goods or services in order to certify the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, and the quality, accuracy, safety or other characteristic of goods or services bearing such mark.
2. Right to register for certification mark protection
The organization which has the function of controlling or certifying the quality, characteristics, origin or other criteria related to goods or services has the right to register the certification mark with condition that the organization does not conduct production or trading of such goods or services.
3. Requirements for certification mark application
Materials, specimens, information identifying the mark needs to be protected in the mark application include:
+ The sample of the mark and the list of goods and services bearing the mark;
+ Regulations on the use of the certification mark.
Mark samples must be described to clarify the constituent elements of the mark and the overall meaning of the mark, if any; If the mark has a word, the language of the figurative language, the word must be transcribed; A mark that has foreign words must be translated into Vietnamese. The goods and services mentioned in the application for registration of a mark must be classified in groups in accordance with the classification in accordance with the Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks, published by State management agencies for industrial property rights.
>> Call the lawyer for consultancy on intellectual property: 0986 38 66 48
Dalat Vegetable- Certification Mark
After more than a year successful registration of the mark "Dalat Vegetable", for the first time, 10 units of vegetable growing and processing in Dalat and the surrounding area was granted the certification by People's Committee of Da Lat.
4. The regulations on the use of certification marks must contain the following principal contents
+ Organizations and individuals who own the mark.
+ Conditions for using the mark.
+ The characteristics of the goods or services certified by the mark.
+ Method for assessing the characteristics of goods, services and methods of controlling the use of marks.
+ The cost to which the mark user has to pay for the certification, protection of the mark, if any.
In many countries, the main difference between a collective mark and a certification mark is that the collective mark is only used for a specific enterprise group, for example, members of the association, while the certification mark can be used for any subject that meets the criteria specified by the owner of the certification mark. An important requirement for a certification mark is that the entity of registration must be regarded as "authorized to certify" the goods concerned. The certification mark can also be used in conjunction with certain brands of certain manufacturers. The label used as a certification mark is evidence that the product meets the specific standards set by the certification mark.
Translated from: Tư vấn đăng ký bảo hộ nhãn hiệu chứng nhận
For more information, please contact: MINH KHUE LAW FIRM CO., LTD
Consult and request for Intellectual Property protection service 24/7, call 0986.386.648
Email: lienhe@luatminhkhue.vn
Look forward to cooperation with clients!
Best regards./.
Intellectual Property Department - Minh Khue Law Firm
