What is a certification mark?

Chia Jia Xuan

Aug 30

4 min read

Definition of a certification mark

In simple terms, a certification mark is a sign used to indicate that certain goods or services, or their providers, have met specific standards or requirements set by the proprietor of the mark.

Unlike an ordinary trademark, which primarily identifies the commercial source of goods or services, a certification mark communicates that particular characteristics or standards have been certified.

For instance, the SIRIM sign you see on electrical appliances, mobile phones or even edible flour. The sign shows that those products are up to a standard specified by SIRIM.

What does a certification mark certify?

Under section 73(1) of the Trademarks Act 2019:

A certification mark shall be a sign indicating the goods or services in connection with which it shall be 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.

Therefore, a certification mark certifies the goods or services in terms of their:

Origin
Material
Method of manufacture
Performance of services
Quality
Accuracy
Other characteristics

Who can own a certification mark?

A certification mark may be owned by an organisation that is responsible for certifying whether particular goods or services meet specified standards or characteristics.

However, if the same organisation both certifies a product and supplies that product, there is an obvious risk of a conflict of interest. And that brings to mind Shaolin Soccer:

“The referee, the linesman, the organisers and co-organisers — they’re all my people. How are you supposed to fight me?

— Hung, Shaolin Soccer (少林足球)

Therefore, the proprietor of a certification mark must not itself carry on a business involving the supply of the goods or services that it certifies. In other words, the organisation that owns and certifies under the mark should not be the same business that is being certified.[i]

Examples of certification mark

SIRIM

[ii]

A familiar example to Malaysians is SIRIM.

For certain regulated products, manufacturers are required to obtain SIRIM certification before the products can be placed on the market. The manufacturer submits the product to SIRIM for testing and inspection to determine whether it complies with the applicable standards and requirements.

If the product passes the certification process, SIRIM will issue a Product Certification Licence, allowing the product to bear the SIRIM Certification Mark.[iii]

Learn more about SIRIM’s Marks and Labels here: https://www.sirim-qas.com.my/about/sirim-marks-labels/.

HALAL

[iv]

Malaysia spearheads global halal industry by exporting USD12.89 billion worth of Halal export in 2022.[v]

Our halal industry started much earlier. The involvement of the Department of Islamic Development Malaysia (JAKIM) in confirming the halal status of food products and consumer goods can be traced back to 1974. At that time, the Research Center of the Islamic Affairs Division of the Prime Minister’s Department began issuing halal certification letters for products that met the relevant criteria.

In 1994, halal confirmation took a more recognisable form: certificates bearing a Halal logo were introduced.

Halal certification is not limited to manufacturers. Depending on the nature of the business, the following parties may apply for a Halal Confirmation Certificate:

Manufacturers / producers
Distributors / traders
Sub-contract manufacturers
Repackers
Food premises
Abattoirs / slaughterhouses

However, not every product or business is eligible for halal certification.[vi] Applications may be unsuccessful where, among other things:

The company produces and distributes both halal and non-halal products;
The product itself is not halal;
The product is a natural substance that does not involve any processing;
The product is a drug or pharmaceutical product classified as such by the Ministry of Health Malaysia;
The product is a hair colour or hair dye;
The processed product was manufactured overseas;
The product uses names that may be confusing or synonymous with non-halal terminology, such as bak kut teh; or
The product is fertiliser or animal feed.

Healthier Choice

[vii]

The Healthier Choice Logo is an initiative by the Ministry of Health Malaysia (KKM) designed to help consumers identify and choose healthier food and beverage products. The logo is awarded to products that meet specified nutritional criteria, such as requirements relating to sugar, fat, sodium and dietary fibre, depending on the particular category of food or beverage.[viii]

Importantly, different categories of food and beverages are subject to different nutritional criteria. For example, the permissible nutritional thresholds for a beverage may differ from those applicable to another category of food. A product therefore has to satisfy the relevant nutritional standards before it is eligible to use the Healthier Choice mark.[ix]

Certification mark vs collective mark

Certification marks should not be confused with collective marks. The key distinction lies in who is entitled to use the mark and what the mark communicates to consumers.

A collective mark may be used only by members of a particular association or group who satisfy the membership requirements. It therefore serves to identify that the goods or services originate from members of that particular group or association.

A certification mark, on the other hand, is generally available to any person or business that meets the standards or requirements established by the proprietor of the mark, regardless of whether they belong to a particular association or group.