Policy and Advocacy
Use of Certification Marks in the United States
July 31, 1998
Sponsoring Committee: U.S. Legislation Subcommittee of the Legislation Analysis Committee
WHEREAS, on May 21, 1998, at a hearing of the U.S. House of Representatives' Subcommittee on Courts and Intellectual Property, International Trademark Association (INTA) President Fred Mostert indicated INTA's willingness to study the question of whether Section 14(5) of the Lanham Act should be amended so as to clarify the meaning of the term "marketing" as it applies to the cancellation of certification marks; and
WHEREAS, after independent study of the question INTA believes that the meaning of the term "marketing" within Section 14(5)(B) of the Lanham Act requires clarification.
BE IT RESOLVED, that the International Trademark Association supports an amendment to the Lanham Act to clarify the meaning of the term "marketing" within Section 14(5)(B) to permit a certification mark owner to use the certification mark in advertising to promote recognition of the certification process or of the goods or services meeting the certification conditions of the registrant; and
BE IT FURTHER RESOLVED, that this support is based on the condition that the amendment acknowledges that it does not change current principles which provide that the certification mark owner shall not be permitted to use the certification mark if it produces, manufactures, or sells any of the certified goods or services to which the identical certification mark is applied.