Certification trademarks UE

In March 2016, the European Union Regulation 2015/2424 came into force, amending the Regulation on the Community trademark 207/2009.

Regulation 2015/2424 included a number of provisions which will enter into force on 1 October 2017, following further development. The Commission Implementing Regulation (EU) 2017/1431 lays down detailed rules for the implementation of certain provisions of the European Union Trade Mark Regulation, as well as the Commission Delegated Regulation (EU) 2017/1430, supplementing the European Union Trade Mark Regulation.

The main changes introduced by the two supplementary Regulations relate to the following:

. Graphic representation and types of marks.
. Certification marks of the EU.
. Changes in certain proceedings.

In the former wording of Regulation No. 207/2009 nothing was stipulated about EU certification marks. This kind of marks did exist in some national regulations, such as the Spanish one.

The European Union certification mark is that capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, with the exception of geographical origin, from goods and services which are not so certified.

Any individual or entity, including institutions, authorities and bodies governed by public law, may apply for a certification mark provided that such person does not engage in a business activity involving the supply of products or services of the certified type.

Unlike individual marks, EU certification marks will require the submission of a regulation of use, which should contain essential issues such as the type of products / services to which the certification relates, the characteristics of the certification, the conditions of use, the supervision procedure and penalties for non-compliance.

Regarding the use of the certification mark, the person who uses it must be authorized by the holder. As to the capacity to bring actions against its violation, they may be invoked both by the owner and by any person specifically authorized by him to that effect. In addition, the owner may claim, on behalf of the ones authorized to use the mark, the repair of the damage that they have suffered due to unauthorized use of the mark.

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