March 18, 2020
Certification Marks | The FAIRTRADE Logo
Certification Marks | The FAIRTRADE Logo

The function of a trade mark is to identify the origin of the goods. A certification mark, on the other hand, serves to identify not the origin, but the specific characteristics of the goods.

 

Registering a Certification Mark

 

Although the trade mark filing process resembles that of a standard trade mark application, it is considerably more onerous on the applicant as detailed information such as the following is required within two months of filing the application:


  • the characteristics of the different types of goods, or services applied for (e.g. origin, material, mode of manufacture of goods, or performance of services, quality, accuracy, or any other characteristics);
  • the specific conditions of use of the mark, including any sanctions;
  • the adopted testing and supervision methods for monitoring compliant use; and
  • indication of who is entitled to use the mark.

Once the application is accepted, the proprietor must remain vigilant that the conditions of use are maintained. If they fail to do so, they risk using the mark in a way that misleads the public, which may result in the cancellation of the mark.

 

The FAIRTRADE Logo

 

The International FAIRTRADE Certification logo is a certification mark. It is designed to inform our shopping experience, in an effort to encourage a shift in business models to a more sustainable trade practice. The use of the logo stretches across 75 countries. It adorns the packaging of a long range of goods on our local supermarket shelves. The logo and the standards it guarantees are managed by The Fairtrade Labelling Organizations International e.V. (“FLO”).

 

What does the logo mean for small producer organizations?

 

For their products to be Fairtrade-certified, farmers and small producer organisations have to achieve and maintain a rigorous list of standards, mostly relating to environmentally sustainable practices. In return they receive the following benefits: 

  • a means to gain access to mainstream markets on fairer terms,
  • a guarantee that they would be paid at least a minimum market price for their produce, and
  • an additional annual payment determined by sale numbers, a Fairtrade Premium, that they can invest in their local community.

What are the standards represented by the logo for hired labour abroad?

 

In order to save costs, commercial businesses and organisations source and rely on hired labour abroad. To capitalise on the Fairtrade logo, and to reduce the inherent risk of applying a double working standard within their organisation, businesses are required to promote and provide:

  • opportunities for professional development;
  • equality and empowerment of women within the working environment;
  • access to primary education for workers’ children;
  • ban on accepting labour from children under the age of 15;
  • workers’ labour rights;
  • adequate wages and employment conditions;
  • working hours and overtime regulations;
  • mechanisms for environmental management; and
  • products’ traceability (i.e. origin).

The determination of the standards and use of logo is regulated by the Fairtrade’s Standards Committee - a group of independent experts and Fairtrade stakeholders from across the trade sector.

 

Conclusion

In light of the above, it is fair to say that certification mark is a trade mark with a greater meaning, which gives us the opportunity to live and shop according to our own principles and for the social causes we care about.

Tags
Trademarks /  IP basics

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