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Barreda Moller writes...

Significance of Certification Marks

According to Decision 486, a certification mark is “a sign intended to be applied to products or services, the quality or other characteristics of which have been certified by the owner of the mark.”

The application for registration of a certification mark shall be accompanied by the regulations for use of the certification mark, which must include the following information:

1. Products or services that may be subject to certification by the owner;
2. Characteristics guaranteed by the presence of the mark; and
3. Description of the control to which those characteristics will be subjected before and after use of the certification mark.

Anyone aiming to obtain an authorization of use of a certification mark for its use in products or services it commercializes or renders, shall comply with the provisions set forth in the regulations for use of said mark.

Certification Marks play an increasingly important role within the market since, as their name indicates, they certify that the products or services being acquired or used have certain characteristics and comply with certain quality standards, which, on the one hand, is beneficial to consumers or users who obtain a better product or service and, on the other hand, to business owners, since greater satisfaction of consumers or users will lead to more demand and higher profits.

The quality standards guaranteed by a determined certification mark allow business owners to stand out from their competitors and thus, to win more consumers or users. At the same time, this benefits the market as it generates competition, thereby encouraging business owners to strive to offer or render best quality products or services.

Considering that certification marks are indicative of the quality of the products or services bearing them, they will ensure consumers or users a constant and specific quality in relation thereto, thereby allowing a better positioning in the market of the product or service mark that is used along with the certification mark.

Likewise, the fact that the owner of the certification mark is able to control the characteristics upon authorization of use of said certification mark, is a guarantee that the quality standards offered by it will be kept over the time.

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