Abstract:
Part 1 of this two-part article provided empirical evidence on the use of the registered certification marks regime. Among other findings, it revealed that registered marks rarely indicate their status as certification marks. Building on these findings, Part 2 analyses how use conditions are implemented in the regulations governing certification marks. It finds that use conditions ensuring clear identification of certification marks are largely absent from the regulations, and that the broad discretion granted to authorised users further contributes to inconsistencies in their practical use. The article recommends a stricter and more consistent approach to requiring specific use conditions, thereby promoting the clear identification of certification marks and reducing the potential for confusion with ordinary trade marks.