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Detroit Trademark Attorneys: What Is a Certification Trademark?

Detroit Trademark Attorneys: What Is a Certification Trademark? - Blog | HIlla Law Firm - Detroit_trademark_attorney_-_what_is_a_certification_mark

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Certification Trademarks: Licensed to Use

Trademarks, whether a business name or logo, are generally owned and used by the party selling the product or service that the trademark identifies to consumers.

Thus, the cursive "Coca Cola" lettering/logo is owned by the Coca Cola Corporation and identifies to consumers that cans and bottles bearing that logo were produced and are being sold by the Coca Cola Corporation. 

A certification trademark is a different sort of trademark registration. 

A certification trademark is a mark owned by one party but used by third parties whose product or service meets the certification requirements of the owning party. 

In other words, a certification mark offers to the public an assurance that your product or service meets a certain established standard. 

For example, the familiar blue Energystar logo is a certification mark demonstrating that the appliance it is attached to has met EPA standards for energy efficiency. 

The "standard" that a certification mark demonstrates can be a standard of quality—but it can also demonstrate geographic sourcing, that the work is performed by the member of a union or professional organization, 

How Is a Certification Mark Obtained? 

As with any Federally registered trademark, to obtain and "create" a certification mark, an application must be filed with the US Patent and Trademark Office (USPTO). 

In addition to meeting the usual requirements for a Federal trademark registration, an application for a certification mark carries additional requirements

  1. The application must include the specific standards by which a third party may come to use the certification trademark in commerce; 
  2. The owner of the certification mark cannot itself manufacture or sell the goods or services with which the mark is utilized in commerce; 
  3. The mark cannot be used for any purpose other than certification; 
  4. The owner must apply the standards for use to third parties fairly and objectively; discrimination is not allowed

The Specimen filed with the certification trademark application must show how a party other than the applicant uses the mark in interstate commerce. 

Certification Trademarks: The Bottom Line

The bottom line with regard to the registration of a certification trademark is that it is crucial to retain a knowledgeable attorney to assist you with your application. A licensed attorney will provide you a measure of comfort in knowing that details such as these will be properly handled and will not upend your chances of a successful registration. 

The Hilla Law Firm is located in the Detroit area but represents clients nationally for trademark matters and offers free video or telephonic consultations. 

If you are interested in discussing the filing of an initial trademark application or defending an office action already filed, please contact us to discuss your matter or click here to directly schedule your initial trademark consultation into our calendaring system

Can I Use An Abandoned Trademark?

Michigan Trademark Attorney - The fact that a Federal trademark registration has been abandoned or is listed as dead in the USPTO TESS database does not necessarily mean it is available for your use. Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark registration. Affordable flat fees, virtual consultations.

Detroit Trademark Attorneys: Can I Use a Celebrity Name In My Trademark?

Detroit Trademark Attorneys - You cannot use a celebrity's name or image in your proposed trademark without that celebrity's express authorization. The USPTO trademark application form requires it—and the celebrity owns his or her own "right of publicity." Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark application. Affordable flat fees and virtual consultations.

Trademark Attorney: What Is the Difference Between Trademark and Patent and Copyright Law?

The key difference between trademark, copyright, and patent law is in the subject-matter of the Federal protection involved. Federal Patent and Copyright Registration protects the design or work of the creator whereas a Trademark Registration protects consumers' right to know what they are buying and from whom. The Hilla Law Firm represents Trademark clients across the US. Call now to schedule a free, virtual Trademark Registration consultation: (734) 743-1489.

How Do I Register a Trademark for my Cosmetics Brand?

Registering a Federal trademark for a cosmetics brand or product requires that the name or logo uniquely identify the source of the product to consumers. The Hilla Law Firm will walk you through the registration process start-to-finish with maximum customer service and affordable flat fees. (734) 743-1489.

What Is a Trademark Application Descriptiveness Refusal?

Michigan Trademark Attorneys: A name or logo that merely describes the goods or services it identifies to consumers is not eligible for trademark registration. The Hilla Law Firm, PLLC will assist with your Federal trademark registration at an affordable flat rate. Premium customer services, virtual consultations. (734) 743-1489.

Can I Register My Band Name as a Trademark Even If It Is Offensive?

Detroit Michigan Trademark Attorney - A band or rapper or musician's name can be registered as a trademark even if offensive so long as it meets the other criteria for registration. The Hilla Law Firm specializes in helping bands and musicians protect their brands. Affordable flat fees. (734) 743-1489.

How Do I Register a Trademark for a Board Game?

Trademark Attorneys - To be registered as a Federal trademark, a board game name or logo must uniquely identify the product to consumers. The Hilla Law Firm will assist you in registering your Federal boardgame trademark with friendly service, virtual consultations, and affordable flat fees. (734) 743-1489.
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