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By: Jaime Israel Davila Gomez, Lawyer
Since 2018, our legal system contemplates certification brands, both in the law applicable at that time and in the new law, in force since November 2020. These types of brands, like traditional brands, fulfill a distinctive function, that is, that consumers and other market participants can identify the specific products or services of a company and thus have the certainty of what they are acquiring.
Despite the fact that their function is the same, the differences they have to reveal the nature and even the true purpose of incorporating this type of distinctive sign into our legal framework and that it goes hand in hand with the international treaties signed. by Mexico in recent years. The main difference is that this type of trademark distinguishes only certification services in relation to the wide range of products and services that we face every day, that is, the trademark does not distinguish a product or service but rather the certification of one of them. these.
Certification brands can only be registered by legal entities (companies, partnerships, corporations, or whatever you want to call them) that are not dedicated to selling or providing the products or services that they are going to certify and in reality, their offer is addressed to those who sell or they provide services and want to have a guarantee for their clients (certification) that what they offer meets certain standards.
It is common to see in the services or products that we normally consume that they have all kinds of certifications, the only thing that is now incorporated with this “new” figure is that of being able to obtain exclusivity and all the benefits of a brand to avoid unfair competition, misleading consumers and to encourage economic development in various industries and offer legal and economic security in an area of international trade.
