Certification Marks: Who Owns Them, How to Register and How They End

What the statute says a certification mark is

Under 15 U.S.C. 1127, a certification mark is a word, name, symbol or device, or a combination of them, that is used by a person other than its owner, or that the owner has a bona fide intention to let others use and files to register. It certifies regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of those persons' goods or services, or that the work was done by members of a union or other organization.

The Trademark Manual of Examining Procedure (TMEP 1306.01) sorts these marks into three types. It gives ROQUEFORT for cheese as an example of geographic origin, and Underwriters Laboratories approval as an example of a quality standard. The third type certifies that the work was done by members of an organization or by qualified workers.

The purpose is to certify, not to point to one source

An ordinary trademark tells buyers who stands behind the goods. According to the TMEP, a certification mark does not indicate commercial source and does not distinguish one person's goods from another's. It tells buyers that the goods or services of the authorized users meet a particular certified standard.

This is why the owner does not use the mark itself. The TMEP says a certification mark is used by authorized users, not by its owner.

Who may own one

15 U.S.C. 1054 allows persons, nations, states, municipalities and similar bodies that exercise legitimate control over the use of the mark to register it. The applicant does not need its own industrial or commercial establishment. The USPTO states that the certifying organization owns the mark and is the only party that can apply for it.

Certification mark, trademark and collective mark compared

Business owners often mix up the three. The table follows the USPTO's description.

What the USPTO application must contain

The application follows the general rules for trademark applications, and 37 CFR 2.45 adds the items below.

• the specific goods or services that the authorized users sell or will sell under the mark, filed in U.S. Class A for goods or Class B for services;
• a statement of exactly what the mark certifies;
• a copy of the certification standards that govern use of the mark;
• a statement that the applicant is not engaged in producing or marketing the certified goods or services, except to advertise or promote the program;
• dates of first use by an authorized user, and a specimen showing an authorized user's use, if the application is based on use;
• a verified statement that the applicant exercises legitimate control over the use of the mark in commerce.

Filing bases

Most applicants file under Section 1(a), use in commerce, and the mark must already be in use with all the listed goods or services on the filing date. An applicant that has not started can file under Section 1(b), intent to use. It must have a bona fide intention to certify and to exercise legitimate control, and the mark will not register until it files an allegation of use. The USPTO describes the foreign-based filings, Sections 44(d) and 44(e), as rarely used for certification marks.

A single application cannot include a certification mark and another type of mark, and the same mark for the same goods or services cannot be registered as both (37 CFR 2.45(f)).

Writing the standards

The statute and rules do not prescribe the content of the standards, but they show what the standards must support. The USPTO asks for the standards at filing, and the owner must be able to show control over the mark in use. A cancellation petition can allege that the owner does not control the use, permits use for purposes other than certification, or refuses to certify qualifying providers. A standards document therefore usually covers:

• the exact characteristic that is certified, such as origin, a material or a method;
• who may apply and how conformity is tested or checked;
• how an authorized user must display the mark;
• how the owner monitors use and what happens after a violation;
• equal treatment of every applicant that meets the standards.

After registration: Section 8 and cancellation

The registration is maintained like other registrations, with a Section 8 declaration between the 5th and 6th year and a Section 8 and 9 renewal at each 10-year point. For a certification mark, 37 CFR 2.161 adds that the filing must include the certification standards, or a statement that unchanged standards were filed before, and a statement that the owner exercises legitimate control over the mark's use.

Under 15 U.S.C. 1064(5), a petition to cancel a certification mark can be filed at any time on four grounds: the registrant does not control, or cannot legitimately control, the use of the mark; it engages in the production or marketing of goods or services to which the mark is applied; it permits use for purposes other than to certify; or it discriminately refuses to certify the goods or services of anyone who maintains the standards the mark certifies. These grounds are not limited to the first five years.

Fees

The base application fee is $350 per class when filed electronically, and the Section 8 declaration is $325 per class (USPTO fee schedule, last revised 1 November 2026). Surcharges apply to applications that lack information or use free-text identifications. The USPTO page on certification marks refers to the current fee schedule and does not state its own amount.