Section 1(2) of the Trade Marks Act 1994 (the Act) states that:

 (2) References in this Act to a trade mark include, unless the context otherwise requires, references to a collective mark (see section 49) or certification mark (see section 50).

Certification marks under section 50 of the Act:

50. - (1) A certification mark is a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

The main feature of a certification mark is that it is used not by the proprietor of the mark but instead by his authorised users for the purpose of guaranteeing to the relevant public that goods or services possess a particular characteristic.  Schedule 2 of the Act provides the detail on certification marks. 

With relation to s1(1) of the Act the reference to distinguishing goods or services of one undertaking from those of other undertakings shall be construed as a reference to distinguishing goods or services which are certified from those which are not.

Like for collective marks, s3(1)(c) does not apply, and a certification mark may be registered which consists of signs or indications which may serve, in trade, to designate the geographical origin of the goods or services. 

A certification mark shall not be registered if the proprietor carries on a business involving supply of goods or services of the kind certified and if they start to do so the mark may be revoked.  Regulations must be filed and in infringement proceedings brought by the proprietor of a registered certification mark any loss suffered or likely to be suffered by authorised users shall be taken into account.

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