Infringement of certification trademarks – Trademark Registration in Cochin
Infringement of certification trademarks
A verification mark is a trademark of some kind used to show consumers that certain goods and / or services or their providers meet certain standards. ISI Mark, Hallmark, Ecomark, etc. are certification marks issued by the Bureau of Indian Standards (National Standards Organization of India). For example, the BIS hallmark used to verify the purity of gold and silver jewellery. This means that the jewellery will meet the standards set by the Bureau of Indian Standards.The verification mark is also known as the conformity mark or the trademark registration of authenticity or guarantee. These marks help to know some of the things that are not clear about the buyer. These factors may be environmental impact, product quality, safety and hygiene, production standards, lack of preservatives, etc. The verification mark gives the user an easily identifiable quality evaluation tool from a reliable source. Assures them that the product has been successfully tested, as a result of which this mark is obtained. Infringement of certification trademarks – Trademark Registration in Cochin is what we are going to be discussed in this blog.
India has a comprehensive mechanism of product certification.It is governed by a number of laws enacted. These certifications are mandatory for some products, while for others they are of an advisory nature only, meaning that in some cases they are promotional but no legal action can be taken if they are not, for example ISI Mark, which is mandatory only for electrical equipment and advises on other manufacturing products.A certification trademark in India is administered by The Trademarks Act, 1999 and is defined in Section 2 (1) (e) as “the ability to distinguish goods or services used during trade. Source, material, manufacturing process or service performance, quality, accuracy” Or other properties verified by the owner of the mark from certified goods or services “.
Different kinds of certification mark in India
ISI mark: ISI mark for industrial products. It is mandatory for many electronic devices, but in the case of other manufacturing products, it is voluntary. It has been in force since 1995 and is issued by the Bureau of Indian Standards.
AGMARK: AGMARK has been appointed to certify agricultural products in the country, ensuring that unadulterated food reaches the consumer and is issued by the Directorate of Marketing and Inspection. Fully government-owned AGMARK laboratories across the country serve as testing and certification centres that utilize this certification.
FPO Mark: This is a mandatory certification trademark on processed fruit products that the product is made in a hygienic and food-safe environment, making it suitable for consumption.
BIS Hallmark: This is a hallmarking system to verify the purity of precious metals. These standards are set by the Indian Standards.
Pollution-free vehicle mark: This is a mandatory trademark for all new motor vehicles to keep emissions below the prescribed limit. It is only valid for six months, and the latest confirmation mark will be issued after that period expires.
Indian Organic Certification: This certification mark for organically grown food products to meet national standards for organic products. It guarantees that raw products used in agriculture are free from pesticides, fertilizers and artificially induced hormones.
Infringement of certification mark
It is an infringement of the certification trademarks (Section 75) if any person uses the certification mark during the trade without the owner’s permission, or any mark that is fraudulent with the certification mark, in such a way as to confuse the buyer with the original trademark.
There are several ways in which a verification mark may be infringed, ”the following examples provide: (1) the use of a verification mark at the beginning of a re-employment of a professional whose owner is not certified; (2) receiving a confusingly similar verification trademark registration by a competitive certifier; (3) The inclusion of the plaintiff’s certification mark for a product in the respondent’s composite mark, even if the product contains materials certified by the owner. The court emphasized that this was not necessary for a lawsuit that infringed on the certification mark used by the defendant’s mark as a certification mark. Therefore, describing one of its teachers as a “master CISSP” may violate the ISC² mark even if SU does not attempt to compete with ISC² by giving ISC² its own “master CISSP” certification.
In remand, the district court was ordered to consider “not just the source confusion but also the various types of confusion related to breach analysis and the many ways in which the verification mark can be breached.” Case lesson? When there is a problem of violation of the certification trademark, the plaintiff should think broadly about how unauthorized use can cause confusion such as approval or the relationship between the plaintiff and the defendant.
Uses of Certification mark
The certification trademarks guarantee that the products will meet a certain standard and therefore bring goodwill for the business.
It assures buyers nationally or internationally about the quality of the products.
It helps to separate objects by creating an atmosphere of efficiency in quality. Informed consumers always prefer a certified product over an unconfirmed one.
It helps the government to maintain control over the industry and by enforcing legal and quality requirements.
Measures can be taken to manufacture products or services using duplicate markers without taking regulatory mark approvals.
Functions of the certification mark
The function of a verification mark is not only to indicate the commercial origin, but also to verify it the goods or services to which it applies will be verified by the owner to trademark registration certain features of goods or services.
Or giving the customer a verification mark on a product or service guidance and confidence in deciding whether or not to do a particular buy or.Merchants are using the verification trademark these days to indicate that it is theirs products and services have certain characteristics, such as a specific level of production quality or a specific geographical source.
The term trade geography cannot be used as a general trademark registration or the service mark is the same limit, if it is used to indicate a geographical origin certification does not apply to the marks.