In today’s increasingly competitive marketplace, consumers are confronted with an overwhelming array of goods and services and often find it difficult to determine their true quality, place of origin, or particular attributes. Under such conditions, certification trademarks can serve as an official endorsement of a product’s quality, origin, and features. Pursuant to Chinese Trademark Law, the certification trademark refers to a trademark which is controlled by an organization that exercises supervision over particular goods or services and which is used to indicate that goods or services provided by third parties meet certain standards pertaining to place of origin, raw materials, mode of manufacture, quality, or other specific characteristics.
By definition, certification trademarks are mainly divided into quality certification trademarks and geographical indication (GI) certification trademarks. Examples commonly seen in daily life include “有机食品 (Organic Food),” “绿色食品 (Green Food),” and “3C认证 (CCC (China Compulsory Certification)),” which are quality certification trademarks that mainly certify that goods or services meet specified quality, safety, and production standards. Moreover, GI certification trademarks such as “金华火腿 (Jinhua Ham),” “五常大米 (Wuchang Rice),” and “景德镇瓷器 (Jingdezhen Porcelain)” are used to prove that goods originate from specific regions and that their quality characteristics are closely related to the natural or cultural factors of that place.
Certification trademarks play a vital role in many aspects, such as protecting consumer rights and interests, improving product quality, and promoting the development of regional specialty industries, etc. This article provides an overview of certification trademarks concerning the characteristics, functions, as well as the materials required for registration.
I. Characteristics of Certification trademarks
1. Special nature of the registrant
The registrant should be a lawfully established organization with the capacity to supervise the designated goods or services, such as an industry association, standardization body, or certification/testing institution, rather than the direct producer or provider of the goods or services. In addition, to ensure neutrality in certification, the registrant itself shall not use the certification trademark.
2. Unrestricted scope of users
Any entity or individual that meets the conditions set out in the rules for the use and administration of the certification trademark and completes the relevant formalities may apply to use the certification trademark. The registrant shall not unreasonably refuse applications from such qualified parties.
3. Certification as core function
Unlike goods and services trademarks, the certification trademarks are not mainly used to distinguish the source of goods or services. Instead, it certifies to consumers that the goods or services possess particular qualities, place of origin, raw materials, and so forth.
4. Rule-based management
The registrant should formulate and publish detailed rules for use and administration, including goods quality standards, conditions for use of the trademark, inspection and supervision systems, etc., and should also bear the responsibility for supervising users to make sure that users use the trademark in compliance with rules.
II. Functions of Certification trademarks
1. Ensuring goods/service quality and enhancing consumer confidence
Registered and regulated by authoritative institutions, certification trademarks can certify particular qualities such as the origin, raw materials, means of manufacturing, and quality of goods or services. It helps consumers quickly identify premium merchandise and avoid purchasing counterfeit or substandard goods, thereby improving the consumers’ shopping experience and satisfaction to some extent.
2. Strengthening enterprises’ market competitiveness
Strict rules for the use of certification trademark encourage enterprises to maintain high-standard production management in order to qualify for use of the trademark, enabling them to meet corresponding quality standards and production norms. Meanwhile, certification trademarks can enhance the brand value of the product, which benefits the enterprises in expanding markets, increasing sales, and building brand awareness, thus allowing them to stand out in the highly competitive market.
3. Promoting industrial optimization and upgrading
Certification trademarks contribute to protecting and passing down local production techniques and regional cultural characteristics, which raises industry-wide quality standards and production levels, and spurs technological and managerial innovation, thus driving industries toward higher standards and quality.
III. Materials Required for Registration of Certification trademarks
1. General materials required for certification trademark application
(i) Trademark Registration Application: which includes basic information such as the applicant’s name and address, the representation of the trademark, and the designated goods or services.
(ii) Proof of the applicant’s qualification and copies thereof, or a valid copy bearing the applicant’s official seal. Further, a statement should also be submitted, which sets out in detail the professional technical personnel and specialized testing equipment possessed by the applicant or by any entrusted institution, to demonstrate the applicant’s ability to supervise the specific product qualities certified by the certification trademark.
(iii) Rules for the use and administration of the certification trademarks.
(iv) For applications filed in person at the Hall of Trademark Office, the representative’s ID and a copy shall be submitted (the original will be returned after verification). For applications filed through a trademark agency, a copy of Power of Attorney shall be submitted.
(v) If the applied certification trademark consists of a person’s portrait, a statement should be made and an authorization letter from the portrait right holder should be submitted. The authorization letter shall include the portrait that is submitted as the trademark specimen.
2. Additional materials required when applying to register a geographical indication (GI) as a certification trademark
(i) Documentation issued by the people’s government at or above the county level in the area indicated by the GI, or by the competent industry authority, authorizing the applicant to file for registration of the GI and to supervise and administer it.
(ii) Evidence demonstrating the objective existence and reputation of the goods bearing the GI.
Evidence may include local gazetteers, agricultural gazetteers, product chronicles, textbooks, and other publicly available publications that can prove the objective existence and reputation of the GI. Originals may be provided, or copies of the cover, copyright page, and relevant content pages affixed with the official seal of the issuing entity.
The evidence should expressly record the full name of the GI and demonstrate that the GI has a long production history and heritage in the place of origin and enjoys a good reputation.
(iii) Documents delineating the geographic scope of the production area.
The delimitation documents should be issued by the people’s government at or above the county level in the area indicated by the GI. The delineation of the production area should respect production history and current conditions. To substantiate that the delineation is scientifically sound and reasonable, the applicant should also provide relevant content from local gazetteers, agricultural gazetteers, product chronicles, or textbooks, or materials issued by the competent industry authority at or above the county level in the GI area attesting to the scope of the production area.
(iv) An explanation of the relationship between the GI product’s particular quality, reputation, or other characteristics and local natural or human factors.
(v) Proof that the GI applicant has the capacity to supervise and to inspect the GI.
If the applicant possesses inspection and testing capabilities, it should submit a copy of the applicant’s testing qualification certificate or a document issued by the people’s government at or above the county level attesting to such capability, together with a list of specialized testing equipment and a roster of professional testing personnel.
If the applicant entrusts the inspection and testing to another entity, it should submit a copy of the entrusted institution’s testing qualification certificate, its equipment list and personnel roster, and the entrustment inspection and testing contract signed between the applicant and that institution.
All the aforementioned copies of testing qualification certificates, equipment lists, and personnel rosters shall bear the official seal of the relevant inspection/testing institution.
(vi) Where foreigners or foreign enterprises apply to register a GI collective trademark or certification trademark, they shall provide proof that the GI is protected by law in the country of origin in their own name.
