Under the provisions of the Law on Intellectual Property, certification mark means a mark which is authorized by its owner to be used by another organization or individual on the latter's goods or services in order to certify the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, and the quality, accuracy, safety or other characteristic of goods or services bearing such mark.
The right to register a certification mark belongs to an organization which has the function of controlling, certifying the quality, characteristics, origin or other criteria relating to the goods or services without production such goods or services.
Requirements for certification mark application
Documents, specimens, information identifying the mark to be protected in a mark application include:
+ Mark sample and list of goods and services bearing the mark;
+ Regulations on the use of certification marks.
The mark samples must be described to clarify the constituent elements of the mark and the overall meaning of the mark (if any); If the mark has a word or language is pictorial, they must be transcribed; marks with foreign languages must be translated into Vietnamese.
The goods and services mentioned in the application for registration of a mark must be classified in groups in accordance with the classification in accordance with the Nice Treaty on the International Classification of Goods and Services for the Purposes of the Mark Registration managed and announced by the State agency on industrial property rights.
Regulation on use of certification marks
The regulations on the use of certification marks must contain the following principal contents:
- Organizations and individuals who own the mark;
- Condition to use the mark;
- Characteristics of goods and services certified by the mark;
- Methods of assessing the characteristics of the goods, services and methods of controlling the use of the mark;
- Cost that the trademark user pays for the certification, trademark protection (if any).
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