![]() |
Trademarks / Trademark Law / Geographical Indications |
|
Certification Marks The
United States offers protection for GIs, whether of domestic or foreign origin,
registered or unregistered.
[13]
In the United States, Certification trademarks have been utilized to protect
GIs.
[14]
Examples of geographical indications protected as Certification Marks in the
United States include DARJEELING for tea and ROQUEFORT for cheese.
Indeed,
Certification Marks are and have been utilized in various countries, including
India, but only a minority of countries globally. These marks are used to
“certify” the nature or origin of the goods or services, including
as to region or location, method or mode of manufacture, standard of
performance, quality, accuracy, etc. as well as to identify goods/ services
provided by a particular union or association. Such marks cannot be owned by
the person and/or company trading in the actual goods and/or services and must
fulfill certain regulations, maintain certain certification standards and face
more limitations than encountered by the owner of a standard trade or service
mark. Certification Marks, for example, may be required to be assignable only
with governmental consent and/or be granted only if the mark is in the public
interest. In practice, Certification Marks provide cost-effective value only
in a handful of special situations such as the UNDERWRITERS LABORATORY logo in
the United States and DARJEELING tea in India. Traditional trademarks are much
more important to the business owner who wishes to foster brand recognition in
the marketplace for his or her own particular goods and/or services.
[13]
The
United States protects GIs that are not registered as well. For example, the
Trademark Trial and Appeal Board, an administrative appeal body within the
USPTO, recently held that COGNAC is protected as an unregistered certification
mark in the United States. Institut National Des Appellations v. Brown-Forman
Corp.
,
(COGNAC is a valid common law regional certification mark, rather than generic
term because U.S. purchasers primarily understand the COGNAC designation to
refer to brandy originating in the Cognac region of France, and not to brandy
produced elsewhere, and since opposers in this proceeding control and limit use
of the designation). 47 U.S.P.Q.2d 1875 (T.T.A.B 1998).
[14]
Under
United States law, “‘certification mark’ means any word,
name, symbol, or device, or any combination thereof—(1) used by a person
other than its owner, or (2) which its owner has a bona fide intent to permit a
person other than the owner to use in commerce and files an application to
register on the principal register..., to certify regional or other origin,
material, mode of manufacture, quality, accuracy, or other characteristics of
such person’s goods or services or that the work or labor on the goods or
services was performed by members of a union or other organization.” 15
§ U.S.C. 1227.
See
The Trade Marks Act, 1999, Chap. IX, §§ 69-78 (regarding
certification marks under India’s trademark law, also soon to be enacted
officially at the time this of this writing).
|
![]() |
[Home] [About Ladas & Parry LLP]
[Contact Us] [Search]
[Trademarks] [Domain Names
& E-Commerce] [Patents & Copyrights]
[Litigation] [IP Rights
Maintenance] [IP as Property] [News
& Bulletins]
© Copyright 2002 Ian J. Kaufman - Posted July 2002
Please read our disclaimer.