The Certification Mark Challenge: Successfully Navigating the Prosecution Obstacle Course

Certification marks are becoming almost ubiquitous in the marketplace. Consumers expect to see that the goods and services they purchase are guaranteed to possess every conceivable positive attribute, from organic ingredients and environmentally friendly production, to safety-tested and fireproof construction. To meet consumer expectations, testing laboratories and trade associations are establishing new and expanded certification programs that guarantee products meet the desired attributes. These independent certifying bodies have developed their own certification marks to communicate to consumers that they have tested or evaluated the subject goods and services. Thus, certification marks serve a “guaranty” function that is an entirely different purpose from that of traditional trademarks, whose role is merely to identify the source of the good or service for consumers. Click here to read more.