CERTIFICATION MARKS

What are certification marks?

In accordance with the provisions of Article 183 of the Federal Law for the Protection of Industrial Property, a certification mark is that which sign that distinguishes products or services whose qualities or other characteristics are verified by its owner.

In other words, its function is to communicate to the consumer of a certain product or service that has a certification mark, that it was produced under certain conditions, processes, components, quality, etc. (as the case may be).

Certification marks are subject to the condition of being registered exclusively by legal entities.

Application requirements

In order to obtain ownership of a certification mark, the applicant must file an application with the IMPI, complying with the requirements set forth in the LFPPI.

• To be a legal entity legally constituted that accredits the certification activity in accordance with its corporate purpose, as long as it does not develop a business activity that involves the supply of products or the provision of a service of the same nature or type that it certifies.
• Accompany the application with the rules of use, in which the following must be indicated:
• What product or service can be certified by the brand.
• The graphic representation and image of the brand.
• Origin of raw materials, production conditions, transformation process, physical, chemical, toxic, bacteriological or usage characteristics, composition or labeling, among others, of the products or services, as well as the procedure to be used for the verification of such characteristics.
• The period and modality of the quality controls.
• Sanctions in case of non-compliance with the rules of use.
• Indication that the mark may not be licensed.
• Indication on the exercise of legal actions for protection.
• Mexican Standards, NOMS, any applicable international standard or guideline.
• Those that the applicant deems pertinent.

Once the ownership of the certification mark is obtained, the owner may grant its use to any applicant who proves that its product or service complies with the conditions established in the rules of use of the mark, without such mark being subject to licensing, its use being reserved only for those who manage to prove compliance with the rules of use.

Example.

A very clear example of a certification mark can be the "CRUELTY FREE" logo, do you know it?

This logo is commonly used in cosmetics and any product that makes use of it communicates to the consumer that the company formulating the product is committed to not conducting, commissioning or paying for animal testing of ingredients, formulations or finished products.

Cancellation of a certification mark.

Ojo: The certification mark may be cancelled when:

I.- Does not control or cannot legitimately exercise control over the use of the trademark;

II.- Is involved in the production or marketing of any product or service to which the trademark is applied;

III.- Permits the use of the mark for purposes other than certification, or I

V.- Refuses in a discriminatory manner to certify or continue certifying the products or services of any person who maintains the standards or conditions certified by such mark.