Certification Mark Pitfalls: Managing Problems of Genericness, Descriptiveness, and Consumer Perception

Consumers increasingly seek independent verification that products and services meet safety, environmental, or quality standards, driving the importance of certification marks. This article, written by Brett Heavner and Caroline Segers, explores the challenges certifiers face when registering these marks with the U.S. Patent and Trademark Office (USPTO), including refusals based on genericness, descriptiveness, and functionality. Drawing on recent cases involving Gruyere cheese and Tequila, the article analyzes how factors such as evidence, consumer perception, and geographic significance influence registrability, and outlines strategies for certifiers. Click here to read more.