Courtesy: Keymark certification
The Keymark is a voluntary European certification mark demonstrating compliance with the European Standard (EN). It is owned by CEN, the European Committee for Standardization, and CENELEC, the European Committee for Electrotechnical Standardization.
The Keymark is the European mark based on the principle “one standard, one test, accepted everywhere”. It is operated by certification bodies which have been empowered by CEN or CENELEC and who are accredited on the basis of EN 45011 (ISO/IEC Guide 65) by a signatory to the multilateral agreement (MLA) of the European Co-operation for Accreditation (EA).
Precondition for the certification is the establishment and the operation of a product-related factory production control (FPC) which takes into account the elements of the ISO 9000 series of standards and the process of the related production line from the raw material to finished product and storage of the product. The FPC shall form an integral part of the manufacturer’s quality management system, if any. An example of the application of the Keymark symbol is the Solar Keymark.
A certification mark (or conformity mark) on a commercial product indicates the existence of an accepted product standard or regulation and a claim that the manufacturer has verified compliance with those standards or regulations. The specific specification, test methods, and frequency of testing are published by the standards organization. Certification listing does not necessarily guarantee fitness-for-use. Validation testing, proper usage, and field testing are often needed.
The USPTO considers that a certification mark is a kind of trademark.
Certification marks distinguished from other mark
Certification marks differ from collective trade marks. Collective trade marks may be used by particular members of the organization that owns them, while certification marks are the only evidence of the existence of follow-up agreements between manufacturers and nationally accredited testing and certification organizations. In some occasions, the certification organization will charge for the use of their labels and will require that the manufacturer reports the exact production quantities. In this case, the certification organization can be seen to earn a commission from sales of products under their follow-up regimes. In return, the use of the certification marks enables the product sales in the first place.
Certification is often mistakenly referred to as an approval, which is not true. Organizations such as Underwriters Laboratories, TÜV Rheinland, NTA Inc, and CSA International will test the products according to standard procedures and “list” them as compliant to that standard. They do not approve anything except the use of the mark to show that a product has been certified for compliance with such specific standard. Thus, for instance, a product certification mark for a fire door or for a spray fireproofing product does not signify its universal acceptance for use within a building. Approvals are up to the Authority Having Jurisdiction (AHJ), such as a municipal building inspector or fire prevention officer. Conversely, FM Global does use the term “Approvals” for its certification listings, which are intended for use of the products within buildings that are insured by FM Global. The German accreditor Deutsches Institut für Bautechnik (DIBt) issues “Approvals” for systems. All of these listed products must conform to listing and approval use and compliance.
For various reasons, usually relating to technical issues, certification marks are difficult to register, especially in relation to services. One practical workaround for trademark owners is to register the mark as an ordinary trademark in relation to quality control and similar services.
Certification marks can be owned by independent companies absolutely unrelated in ownership to the companies, offering goods or rendering services under the particular certification mark.