Often we come across advertisements of a Prestige cooker stating that the product is 'ISI certified' or a warning issued in public interest asking the buyer to check their jewelry for a 'hallmark.'
What are these marks, and what impact should they have on a consumer’s purchasing decision?
ISI Mark, Hallmark, Ecomark, etc. are certification marks issued by the Bureau of Indian Standards (the National Standards organization of India) to ensure that the product meets a certain specified standard of quality. For example, BIS hallmark is a mark used to certify the purity of gold and silver jewelry. It means that that jewelry confirms to the standards laid by the Bureau of Indian Standards.
A certification mark is also known as a conformity mark or a mark of validity or assurance. These marks help ascertain some aspects that a buyer may not have clarity about. These aspects may be an environmental impact, product quality, safety and hygiene, production standards, the absence of preservatives, etc. A certification mark gives the consumer an easily identifiable quality evaluation tool from a reliable source. It also gives them the assurance that the product has been successfully tested, which has resulted in it being granted this mark.
India has a comprehensive mechanism of product certifications which is governed by several laws enacted by the government. These certification marks are mandatory for certain products however, for others’ they only have an advisory nature meaning that in case of certain products they are only promotional but no legal action can be taken if they are not present, an example would be of ISI mark which is mandatory only for electrical appliances but is advisory in case of other manufactured products.
A Certification mark in India is governed by The Trade Marks Act, 1999 and is defined in Section 2(1)(e) as "a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which is 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 from goods or services not so certified".
DIFFERENT CERTIFICATION MARKS IN INDIA
ISI Mark: ISI mark is for industrial products. It is mandatory for several electronic appliances, but in cases of other manufactured products, it is voluntary. It has been in effect since 1995 and is issued by the Bureau of Indian Standards.
AGMARK: AGMARK is employed to certify agricultural products in the country to ensure that unadulterated food reaches the consumer and is issued by The Directorate of Marketing and Inspection. Wholly state-owned AGMARK laboratories across the country act as testing and certifying centers for employing this certification.
FPO Mark: It is a mandatory certification mark on processed fruit products to guarantee that the product was manufactured in a hygienic and food-safe environment, making it fit for consumption.
BIS Hallmark: It is a hallmarking system for precious metals to certify their purity. These standards are set by the Bureau of Indian Standards.
The Non-Polluting Vehicle Mark: It is a mandatory mark for all new motor vehicles to ensure that the emissions are below the prescribed limit. It is only valid for six months, and a fresh certification mark is issued on the expiration of that period.
Indian Organic Certification: This certification mark is for organically farmed food products to ensure that they conform to the National Standards for Organic Products. It guarantees that the raw products used in farming are free from pesticides, fertilizers, and artificially induced hormones.
REGISTRATION OF CERTIFICATION MARKS
Registration of a certification mark confers on its owner the exclusive right to authorize others to use the certification mark on and in relation to their products provided they meet the standards set out by the owner (Sec. 78) It provides protection against 'passing-off', which means that another person cannot represent his goods as that of another.
For example, 'A' is not entitled to represent his goods as that of 'B,' however, it isn't necessary for 'B' to prove that 'A' did this with the intention to deceive, it is enough to prove that there was confusion between the two products.
Any person who wants to certify their product can make an application for registration of a certification trademark to the Registrar of Trademarks in the manner prescribed by the act, accompanied by a draft of the Regulations governing the use of Certification Trade Mark (Sec. 71). The registrar shall consider the application to his satisfaction that the applicant is competent to certify the relevant goods under the proposed mark and draft of resolution is satisfactory. The registrar can accept the application either with or without modifications or may reject it altogether. Where alterations are required, the registrar cannot decide the matter without hearing the side of the applicant (Sec. 72). The provisions regarding advertisements and opposition regarding the certification mark are the same as that of a standard trademark (Sec. 73).
INFRINGEMENT OF CERTIFICATION MARKS
If any person uses the certification mark in the course of trade without the permission of the proprietor of the certification mark, or any mark that is deceptively similar to the certification mark, in relation to any goods or service in respect to which it is registered, in such a manner as to confuse the buyer with the original trademark it constitutes infringement of certification trademarks (Sec 75).
OTHER MARKS
There are other marks which are mandatorily required in India but are not classified as certification marks, such as toxicity label which identifies the level of toxicity of pesticides and vegetarian and non-vegetarian symbol to identify the food items.
CONCLUSION
Certification Marks are a subset of Trademarks and are essential for the consumer to help them identify the commodity that they are purchasing to ensure that the manufacturers maintain a certain level of standard. Registration of certification marks gives extra protection to the proprietor but is not mandatory. The use of a certification mark is not exclusive, as the owner of the mark cannot deny its usefulness to anyone who maintains the characteristics guaranteed by the certification trademark.