A certification mark is a special type of trademark: rather than distinguishing the source of goods, it certifies that goods or services possess a particular quality. Green food, pure wool, and certain regional public brands all employ this system. Its registrant, users, and administration rules all differ from those of ordinary trademarks: the registrant itself may not use the mark, while those meeting the standards have the right in principle to apply to use it.
Legal Definition
Article 3(3) of the Trademark Law provides that a certification mark is a mark controlled by an organization capable of supervising a particular type of goods or services and used by entities or individuals other than that organization on their goods or services, to certify the origin, raw materials, manufacturing method, quality, or other specific characteristics of those goods or services.
The same article makes clear that trademarks approved for registration by CNIPA are registered trademarks, including product trademarks, service trademarks, collective marks, and certification marks; special matters concerning the registration and administration of collective marks and certification marks are prescribed by the department of the State Council in charge of industry and commerce administration.
Registrant and Registration Requirements
- The applicant must be an organization capable of supervising the particular goods or services, such as a public institution, social organization, or trade association, and usually must provide proof of its qualification;
- The applicant must submit rules for the use and administration of the mark, specifying the specific quality standards to be certified, the conditions of use, the application procedures, the rights and obligations of users, and the supervision and inspection system;
- Where a geographical indication is involved, approval documents from the people's government or the competent industry department of the region governing the geographical indication must also be submitted;
- The registrant must possess the actual capability to test and supervise the specific quality.
Rules of Use
- Openness: the registrant may not refuse an application to use the mark from anyone whose goods or services meet the conditions set out in the use and administration rules;
- The registrant may not use it itself: the registrant may not use the certification mark on the designated goods or services, otherwise this would conflict with its function of "certifying the quality of others";
- Administration by rules: amendments to the use and administration rules usually must be filed with CNIPA for the record, and the admission and withdrawal of users should follow the rules;
- No free assignment: assignment of a certification mark is strictly limited, and the assignee must still possess the corresponding supervisory capability.
Distinction from Collective Marks
Both are registered by organizational entities and both require use and administration rules; the core differences lie in function and the scope of users: a collective mark indicates that the user is a member of a collective, and users are limited to members of the organization; a certification mark indicates that goods meet a quality standard, and users are open to any qualified party. A geographical indication may be registered either as a collective mark or as a certification mark, depending on the choice of rights structure and operating model.
Practical Tips
Ordinary businesses generally do not need to apply for certification marks, but obtaining the qualification to use a certification mark can serve as product endorsement—for example, organic certification, green food labeling, or specific-origin certification. Before applying to use one, first verify that your product genuinely meets the quality standards in the administration rules, then apply in accordance with the rules and accept supervisory sampling, to avoid disputes arising from out-of-scope use. Conversely, if you discover others using a certification mark while not meeting the standards, you may report the matter to the registrant or the regulatory authorities to safeguard the credibility of the certification mark.
The application of these concepts in practice varies in detail; before proceeding, you may consult a registered agent via MyTMBee for targeted analysis.