1306.06(e)   Identification of Goods and Services in Certification Mark Applications

The identification of goods or services in a certification mark application must describe the goods and/or services of the party who will receive the certification, not the activities of the certifier/owner of the certification mark.  This is consistent with the requirement that the owner of a certification mark not produce the goods or perform the services in connection with which the mark is used.  The certification activities of the certifier are described in the certification statement, not in the identification of goods/services.  For an explanation of the certification statement, see TMEP §1306.06(f)(i).

In a certification mark application, the goods or services that are certified may be identified less specifically than in an application for registration of a trademark or service mark.  Ordinarily, it is only necessary to indicate general kinds of goods and services, such as food, agricultural commodities, electrical products, textile materials, printed material, insurance agency services, machinery repair, or restaurant services.  However, if the certification program itself is limited to specific goods or services, for example, wine, wood doors, or bakery machinery, then the identification in the application must also reflect this limitation.

The terms "certification," "certify," or "certifies" should not be included in the identification, which should be limited to the goods or services, as in the following examples:

Building, construction, and safety materials and products, in International Class A

Medical services in the field of addiction medicine and treatment, in International Class B