Research On The Judgement About Infringement Of Certification Mark

Although both the certification mark and the ordinary trademark are regulated by the Trademark Law,there are differences in their nature and function.As far as ordinary trademark is concerned,the trademark owner has the right to prohibit any person from using the same trademark on the same commodity without permission or using the same or similar trademark on the similar commodity,which will result in confusion and misunderstanding of the consumer.Regardless of the quality of the goods produced and sold by the trademark user,even if the quality is the same or even better,it cannot be used without the permission of the right holder.A certification mark is a mark used 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 labour on the goods or services was performed by members of a union or other organisation.The purpose of its creation is to prove to the consumer the specific quality of a product or service,rather than to distinguish the sources of product or serviceBoth the certification mark and the ordinary trademark have the basic function of identifying the source of the product.But there is a substantial difference between the source of the goods indicated by the certification mark and the source of the goods indicated by the ordinary trademark.The quality of the products identified by the certification mark is unique.The specific quality,reputation or other characteristics of the goods are mainly determined by the natural or human factors of the area.It is difficult to achieve the same quality of products outside the area.This is the important point to prove the trademark quality assurance function.The standard of judgement about the infringement of ordinary trademarks is whether it is easy to cause confusion,but the infringement of the certification mark cannot be based solely on the source of the product or the applicant does not have the application and registration.Such a "one size fits all" way is not suitable for certification mark,but to consider whether it will lead to consumers' misunderstanding of quality.In addition,as to the infringement defence,if other person only uses the characters of the certification mark for description,or the goods or services provided are in conformity with the requirements set by the certification mark are all legitimate within the scope permitted by law and do not be regarded as infringement of the certification mark.