Certification marks play a crucial role in the protection of consumers and in the differentiation of products and services in the market. Unlike trademarks, which identify the business origin of a product or service, European Union (EU) certification marks guarantee that a good or service meets certain objective requirements in terms of quality, composition, method of manufacture or any other characteristic defined by the certifying body.
In this article, we will explore in depth what EU certification marks are, their benefits and the process for obtaining them.
What are EU certification marks?
A certification trademark of the European Union is a trademark registered with the EU Intellectual Property Office (EUIPO) that indicates that the certified products or services comply with standards defined in an approved regulation of use. Unlike traditional trademarks, the holder of a certification trademark cannot be an entity that markets the certified products or services, but must act as an independent certifying body.
Characteristics of EU certification trademarks
EU certification trademarks have certain distinctive characteristics:
- Regulations for mandatory use: Each certification trademark must have regulations for use specifying the criteria and procedures for certification, the products or services covered and the conditions for use of the trademark.
- Impartiality: The trademark holder cannot be a commercial operator in the sector being certified, ensuring objectivity in the evaluation.
- Supervision of compliance: Control mechanisms are established to guarantee that authorised users continue to comply with certification requirements.
Benefits of certification trademarks in the European Union
Obtaining an EU certification trademark submits numerous benefits to both consumers and companies:
- Greater consumer confidence: As it is an official certification, it guarantees that a product or service complies with established quality standards.
- Differentiation in the market: It provides added value to products or services, making them stand out from the competition.
- Facilitating trade in the EU: Complying with a recognised certification mark can facilitate the marketing of products in the European market.
- Guarantee of regulatory compliance: It helps companies to demonstrate their compliance with sectoral or technical regulations.
Process for obtaining an EU certification mark
Registering a certification mark in the EU follows these steps:
- Application to EUIPO: An application for a certification trademark must be filed with the European Union Intellectual Property Office.
- Submission of regulations of use: Within two months of the application, the holder must submit detailed regulations of use including:
- The certified characteristics of the goods or services.
- The conditions for use of the trademark.
- The control and supervision procedures.
- The sanctions applicable in the event of non-compliance.
- Examination by the EUIPO: The office evaluates the application and the regulations of use to ensure their conformity with the European Union Trademark Regulation.
- Registration and supervision: Once approved, the trademark is registered and its use is continuously supervised to ensure compliance with the established criteria.
It is important to bear in mind that the process of registering a certification trademark with the EUIPO can be complex, especially when it comes to drafting the regulations of use, which must comply with strict requirements of clarity, objectivity and impartiality. It is advisable to seek specialised legal advice to ensure that the application and the regulations of use comply with the applicable regulations and to avoid objections during the EUIPO examination.
Certification trademarks examples
Below, we have filed some examples of European Union certification trademarks and their applications in different sectors:
- EU Ecolabel: A certification granted to products and services that meet high environmental standards throughout their life cycle.
- Fairtrade Certification: Guarantees that products meet fair trade criteria, promoting better conditions for producers and workers.
- Protected Designation of Origin (PDO): Certification awarded to agri-food products with specific characteristics linked to their geographical origin and a traditional production method.
- Indication (PGI): Similar to PDO, but with more flexible requirements in terms of production and the link with the geographical region.
- Demeter: Certification for agricultural and food products that comply with the principles of biodynamic agriculture.
These certifications not only help companies to differentiate themselves, but also generate consumer confidence and guarantee standards of quality, safety and sustainability.
Differences between ISO certifications and EU certification trademarks
Although both ISO certifications and EU certification trademarks guarantee standards of quality and compliance, there are key differences between the two:
Purpose and scope
ISO standards establish international standards for management systems and processes, while EU certification trademarks guarantee that products or services comply with specific criteria defined in their regulations of use.
Certifying entity
ISO certifications are granted by accredited independent certification bodies, while EU certification trademarks are registered with the EUIPO and administered by an entity that cannot participate in the trade of certified goods or services.
Application
ISO certifications apply to production processes, quality management or safety, while EU certification trademarks focus on specific characteristics of products or services.
Obligatory
Some ISO certifications may be requirements in certain industries, but their adoption is generally voluntary. In contrast, EU certification trademarks act as a guarantee for consumers within the European market.
These differences highlight the importance of choosing the right certification according to the commercial and regulatory objectives of each company.
EU certification trademarks are a key tool for guaranteeing the quality, safety and transparency of products and services in the European market. Obtaining them reinforces consumer confidence and facilitates the expansion of companies within the European Economic Area. The register of a trademark of certification in the EU requires complying with specific cease and desist letters and filing a detailed regulation of use. To guarantee that the process is carried out correctly and to avoid possible objections, it is advisable to have specialised advice on intellectual property to successfully overcome each stage of the procedure.