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II. NEW EUROPEAN TRADEMARK PUBLICATIONS (2)

The new regulations also introduce a new kind of trademark: the EU certification mark [1]:

 

The definition is a mark that is:

capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, with the exception or geographical origin, from goods and services that are not so certified”;

In other words, such marks comply with a certain standard set out in the regulations of use and controlled by the certification owner.

The noticeable difference with the classical trademark is that the identity of the company or individual that commercially provides or produces the goods and services cannot be the proprietor of the certification mark.

Another restriction is that goods and services to be distinguished because of their specific region of origin cannot opt for the EU certification mark – specific regulations apply in here.

The application for a certification mark includes:

  • The supervision and testing measures applied by the owner;
  • The characteristics of the goods or services to be certified;
  • The conditions for use of the certification mark.

[1] Some European States already included comparable protection in their national legislation

 

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