Certification and collective trade marks

Certification trade mark

Unlike a registered trade mark, the function of which is to distinguish the goods or services to which the owner of the mark attaches it from those of other economic operators, a registered certification mark indicates that products supplied under that mark comply with certain standards or have certain characteristics.

Fairtrade” is an example of a registered certification mark, which producers who meet Fairtrade Labelling Organizations International (FLO) certification criteria are permitted to use in marketing their products. The idea is that all authorised users of the mark must abide by the conditions governing its use. Anyone using the mark without authorisation could face legal action for infringement.  In awarding damages for infringement, the court could take into account damage caused both to the proprietor of the mark and to all authorised users of it.

Collective trade mark

A collective mark ........

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