C. 9319 June 30, 2026 Madam, Sir,

I have the pleasure to refer to the forty-ninth session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), held in Geneva from March 30 to April 2, 2026, which requested the Secretariat “to invite SCT members to provide additional questions to be included in the Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks, as contained in document SCT/49/6” (document SCT/49/7, paragraph 28, first indent). Accordingly, by Note C. 9312, SCT members were invited to submit additional questions for inclusion in the Questionnaire contained in document SCT/49/6 by June 1, 2026. By that date, submissions had been received from Finland, Japan, Lithuania, Mexico, Norway and Saudi Arabia (6). The Secretariat has included the additional questions submitted by the above- mentioned SCT members into the draft Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks, contained in the Annex to the present Circular. The draft Questionnaire contains footnotes indicating which SCT member suggested additional questions and is structured to include a free-text field for further comments, as proposed by one of the above-mentioned SCT members. At its forty-ninth session, the SCT requested the Secretariat “to circulate the draft Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks to SCT members, for comments” (document SCT/49/7, paragraph 28, second indent).

Consequently, SCT members are invited to review the draft Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks, and to provide comments, if any. Submissions should be sent by e-mail to: [email protected], by July 31, 2026. Thank you for your kind cooperation.

Yours sincerely, Wang Binying Deputy Director General

./.

C. 9319 June 30, 2026 Madam, Sir,

I have the pleasure to refer to the forty-ninth session of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), held in Geneva from March 30 to April 2, 2026, which requested the Secretariat “to invite SCT members to provide additional questions to be included in the Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks, as contained in document SCT/49/6” (document SCT/49/7, paragraph 28, first indent). Accordingly, by Note C. 9312, SCT members were invited to submit additional questions for inclusion in the Questionnaire contained in document SCT/49/6 by June 1, 2026. By that date, submissions had been received from Finland, Japan, Lithuania, Mexico, Norway and Saudi Arabia (6). The Secretariat has included the additional questions submitted by the above- mentioned SCT members into the draft Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks, contained in the Annex to the present Circular. The draft Questionnaire contains footnotes indicating which SCT member suggested additional questions and is structured to include a free-text field for further comments, as proposed by one of the above-mentioned SCT members. At its forty-ninth session, the SCT requested the Secretariat “to circulate the draft Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks to SCT members, for comments” (document SCT/49/7, paragraph 28, second indent).

Consequently, SCT members are invited to review the draft Questionnaire on the Legal, Administrative, and Procedural Aspects of Examination and Registration of Certification Marks, and to provide comments, if any. Submissions should be sent by e-mail to: [email protected], by July 31, 2026. Thank you for your kind cooperation.

Yours sincerely, Wang Binying Deputy Director General

./.

ANNEX

DRAFT QUESTIONNAIRE ON THE LEGAL, ADMINISTRATIVE, AND PROCEDURAL ASPECTS OF EXAMINATION AND REGISTRATION OF CERTIFICATION MARKS

I. DEFINITIONS This section is intended to determine how certification marks are defined under the laws of each SCT member, including whether “certification marks” are referred to by another term, e.g., “guarantee marks”. 1. Do your laws provide for the registration of certification marks, or marks identified otherwise

(e.g., “guarantee marks”) that are used by authorized users to show consumers that particular goods or services, or the providers of those goods or services, have met certain standards1 set by a certifying organization?

Yes □ No □ N/A □

Please use this space to provide any additional comments2.

a. If the answer to question 1 is “yes,” please (i) indicate what these marks are called in

your jurisdiction and (ii) identify the specific laws or regulations that permit registration of these types of marks. ________________________________________________________________

________________________________________________________________

b. If the answer to question 1 is “yes,” please state whether your jurisdiction has a specific definition of this type of mark and set out the definition in the space provided below, along with the specific statute, law, rule or regulation number for the definition. ________________________________________________________________ ________________________________________________________________

2. If the answer to question 1 is “yes,” please state the name of the administrative authority

that registers certification marks or similar marks as identified in your jurisdiction (hereinafter all referred to as “certification marks”). ________________________________________________________________ ________________________________________________________________

3. If the answer to question 1 is “no,” please identify what type of application, if any, that may

be filed by a certifying entity to protect a mark used to indicate that the goods or services of another meet certain standards. ______________________________________________________________________ ______________________________________________________________________

1 Secretariat note: The terms “regulations of use” or “standards” should be understood as referring to comparable concepts, namely the rules or criteria governing the use of certification marks. As noted in document WIPO/STrad/INF/6 (Technical and Procedural Aspects relating to the Registration of Certification and Collective Marks), the terminology used, such as regulations or standards, refers to comparable concepts across jurisdictions, even if the specific content and formulation may vary (see paragraph 40). Respondents are therefore kindly invited to interpret the terminology used in the draft Questionnaire in a functional manner and map it to equivalent concepts under their national systems when answering the questions. 2 Free-text fields proposed by the Delegation of Japan for additional comments.

Annex, page 2

4. Is registration a requirement to protect a certification mark?

Yes □ No □ N/A □

5. If your laws do not provide for registration of certification marks, please explain why, (e.g., too difficult to implement, faced industry opposition, legislative hurdles, etc.). ______________________________________________________________________ ______________________________________________________________________

6. If the answer to question 1 is “yes,” what characteristics or features of a product or service

can the certifying entity certify? (please check all that apply)

a. The material comprising all of the goods meets certain standards Yes □ No □ N/A □

b. The material comprising part of the goods meets certain standards Yes □ No □ N/A □

c. The mode of manufacture of the goods Yes □ No □ N/A □

d. The mode of performance of the services Yes □ No □ N/A □

e. The quality of the goods or services Yes □ No □ N/A □

f. The characteristics of the goods or services Yes □ No □ N/A □

g. That the work or labor on the goods or services was performed by members of a union or other organization Yes □ No □ N/A □

h. The geographic origin of the goods or services Yes □ No □ N/A □

i. Other (Please specify):

________________________________________________________________ ________________________________________________________________

II. REQUIREMENTS FOR REGISTRATION This section is intended to determine the requirements for filing and registration of certification marks. 7. Please select which requirements must be satisfied to receive a filing date for an application

to register a certification mark, and which requirements are needed for a complete application (i.e., being in order for acceptance and registration).

Requirements Filing-date requirement

Complete application requirement

a. Name of applicant/owner ☐ ☐ b. Applicant/owner’s business address ☐ ☐ c. Owner’s entity type (individual, partnership,

corporation, other) ☐ ☐

d. Citizenship of individual owner or country in which owner entity is incorporated or otherwise formed ☐ ☐

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Annex, page 3

Requirements Filing-date requirement

Complete application requirement

e. Prescribed fee ☐ ☐ f. Identification of the goods or services to be

certified ☐ ☐

g. Classification of the goods or services to be certified ☐ ☐

h. Statement that application is for registration of a certification mark ☐ ☐

i. Statement of what the mark certifies ☐ ☐ j. A copy of the certification standards ☐ ☐ k. A representation or drawing of the mark ☐ ☐ l. Specimen showing use of the mark ☐ ☐ m. Declaration of use or intent to use the mark ☐ ☐ n. Signature of the applicant/owner ☐ ☐ o. Email address ☐ ☐ p. Local counsel ☐ ☐ q. Other additional requirements (Please specify): ☐ ☐

___________________________________________________________ ___________________________________________________________

8. For certification marks indicating regional origin, what additional requirements must be fulfilled for the application to be approved for registration?

a. Certification statement identifying what goods will Yes □ No □ N/A □

be certified

b. Regional demarcation of where products are produced Yes □ No □ N/A □

c. Copy of the standards of review used to certify the goods Yes □ No □ N/A □

d. Protection in the country of origin Yes □ No □ N/A □

e. Authority to control the use of the geographic term Yes □ No □ N/A □

f. Map of production area Yes □ No □ N/A □

g. Specimen of use (e.g., a label on a certified product or documentation for services showing that the certification mark has certification significance in the marketplace) Yes □ No □ N/A □

h. List of names of authorized users Yes □ No □ N/A □

i. Statement that applicant will not certify its own goods or services Yes □ No □ N/A □

j. Statement of non-production of goods to be certified Yes □ No □ N/A □

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Annex, page 4

k. Disclaimer of any common names Yes □ No □ N/A □

l. Other additional requirements that must be fulfilled before the application can be approved for registration of the mark (Please specify):

_________________________________________________________________ _________________________________________________________________

9. If the application contains incorrect information, can the application be amended or must the

application be refiled with loss of the original filing date? (Please explain) ______________________________________________________________________ ______________________________________________________________________

10. Which amendments of the application affect the original filing date?3 ______________________________________________________________________ ______________________________________________________________________

11. Is there a special classification of products or services when applying for registration of a certification mark?4 Yes □ No □ N/A □ a. If yes, please explain what it consists of and whether it differs from the Nice

Classification. ______________________________________________________________________ ______________________________________________________________________

b. If no, please indicate in which class of the Nice Classification this type of mark is being

applied for registration. ______________________________________________________________________ ______________________________________________________________________

12. Where the applicant is required to submit regulations of use, what is the minimum required

content of those regulations?5 a. The persons or categories of persons authorized to use the mark Yes □ No □ N/A □

b. The conditions for use of the mark Yes □ No □ N/A □

c. The consequences of use contrary to the regulations Yes □ No □ N/A □

d. Other mandatory content (please specify) Yes □ No □ N/A □

______________________________________________________________________ ______________________________________________________________________

13. Is the applicant required to submit a statement of the nature of its activities as a certifying

body?6 a. The applicant is required to submit a statement in all cases Yes □ No □ N/A □

b. The applicant is required to submit a statement only if the

3 Addition proposed by the Delegation of Saudi Arabia. 4 Addition proposed by the Delegation of Mexico. 5 Addition proposed by the Delegations of Finland and Lithuania. 6 Addition proposed by the Delegation of Finland.

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Annex, page 5

information cannot be obtained from publicly accessible registers Yes □ No □ N/A □

c. The applicant is not required to submit a statement Yes □ No □ N/A □

14. Should the regulations governing the use of a certification mark be publicly available?7

Yes □ No □ N/A □

15. Is it possible to amend the regulations governing the use of a certification mark after its

registration?8 Yes □ No □ N/A □

16. What is the procedure for amending the regulations of use after the certification mark has

been registered?9 ______________________________________________________________________ ______________________________________________________________________ a. Is the holder required to notify the IP office of any amendment to the regulations of use? Yes □ No □ N/A □ b. Must amended regulations of use satisfy the same substantive requirements as the

original regulations of use? Yes □ No □ N/A □

c. From what date do amended regulations of use take effect? (Please check all that apply)

☐ From the date the amendment is made by the holder

☐ From the date the amended regulations are submitted to the IP office

☐ From the date the amendment is approved and entered in the register

☐ Other (please specify below)

________________________________________________________________ ________________________________________________________________

d. What are the consequences if the holder fails to notify the IP office of an amendment?

(Please check all that apply)

7 Addition proposed by the Delegation of Lithuania. 8 Addition proposed by the Delegation of Lithuania. 9 Addition proposed by the Delegation of Finland.

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☐ The amendment has no legal effect

☐ The registration may be revoked or cancelled

☐ Other (please specify below)

_________________________________________________________________ _________________________________________________________________

17. If the applicant is required to submit a copy of the standards that govern the use of its

certification mark, are the standards presumed valid? Yes □ No □ N/A □

a. If the answer to question 17 is “yes," is any documentation required to show that the

certifying body has expertise or appropriate knowledge necessary to certify goods or services?

Yes □ No □ N/A □

b. If documentation is required, please identify the types of documents that can be submitted to demonstrate the certifying body’s expertise: _______________________________________________________________ _______________________________________________________________

18. If the standards are not presumed valid “on their face,” what information is required? (Please

check all that apply)

a. Information demonstrating that the certifier is required to take reasonable steps to prevent the public from being misled. Yes □ No □ N/A □

b. Information detailing how the owner authorizes/controls/monitors the use of the mark. Yes □ No □ N/A □

c. Governmental substantiation of the standards Yes □ No □ N/A □

d. Inspection by a government body required Yes □ No □ N/A □

e. May standards be promulgated by private research or industry? Yes □ No □ N/A □

f. Other additional information (Please specify):

_______________________________________________________________ _______________________________________________________________

19. If the certification standards are not presumed valid “on their face,” will an extension of time be granted to allow the applicant to submit amended standards or additional supporting information?

Yes □ No □ N/A □

20. Will any other government agency be consulted to determine registrability of the certification

mark?

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Annex, page 7

Yes □ No □ N/A □

21. On what basis can certification marks be refused? (Please check all that apply) a. Likelihood of confusion Yes □ No □ N/A □

b. Immoral/scandalous Yes □ No □ N/A □

c. Functional Yes □ No □ N/A □

d. Lacking distinctive character Yes □ No □ N/A □

e. Deceptive Yes □ No □ N/A □

f. Standards appear discriminatory against certain producers Yes □ No □ N/A □

g. Applicant does not appear to be capable of exercising control over the mark and the certification standards Yes □ No □ N/A □

h. Applicant appears to be engaged in the production or marketing of goods or services to which the mark is applied (rather than being an impartial certifier) Yes □ No □ N/A □

i. Evidence of lack of control of use of the mark by the applicant certifying party Yes □ No □ N/A □

j. Potential for public confusion to be misled regarding nature or significance of the mark Yes □ No □ N/A □

k. Discrepancy between the goods or services mentioned in the standards and the list of goods or services filed in the application10 Yes □ No □ N/A □

l. Other grounds (Please specify): ____________________________________________________________ _______________________________________________________________

22. Is the test for a refusal based on lack of distinctive character the same test that is applied to

trademarks? Yes □ No □ N/A □

23. If the answer to question 22 is “no," what factors may be taken into account in assessing

whether a mark has or lacks distinctive character: a. The inherent nature of the mark itself Yes □ No □ N/A □

b. The standards used to certify goods Yes □ No □ N/A □

c. The goods or services Yes □ No □ N/A □

10 Addition proposed by the Delegation of Norway.

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Annex, page 8

d. Other factors (Please specify):

_______________________________________________________________ _______________________________________________________________

24. Can a refusal based on lacking distinctive character be overcome with evidence of acquired

distinctiveness? Yes □ No □ N/A □

25. Will your IP office consider any of the following sources as evidence that the certification

mark has or does not have distinctive character?

a. Dictionaries Yes □ No □ N/A □

b. Newspapers or other publications Yes □ No □ N/A □

c. Relevant websites Yes □ No □ N/A □

d. Marketing materials showing how device is used and sold in the territory Yes □ No □ N/A □

e. Other factors (Please specify):

_______________________________________________________________ _______________________________________________________________

26. In the case of a mark that certifies regional origin, what factors other than those in

question 25 are considered in determining whether the term has or does not have distinctive character? (Please check all applicable) a. If the term sought to be registered is used within your

member state to refer to the same type of goods or services Yes □ No □ N/A □

b. Whether the term is used in relevant international standards to refer to a type or class of goods, such as Codex Alimentarius Yes □ No □ N/A □

c. Whether the goods named by the term sought to be registered are imported into your territory from any other territories other than that identified in the application Yes □ No □ N/A □

d. Whether the goods named by the term sought to be registered are manufactured or produced in any territories other than that identified in the application Yes □ No □ N/A □

e. Whether persons or entities other than the applicant use the term

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Annex, page 9

to name the type of product identified in the application Yes □ No □ N/A □

27. Is it possible to refuse the registration of a certification mark due to insufficient or unclear

regulations?11 Yes □ No □ N/A □

28. Is the decision to grant registration published?

Yes □ No □ N/A □

29. Is the decision to deny registration published?

Yes □ No □ N/A □

30. May the decision to refuse registration be appealed?

Yes □ No □ N/A □

31. If the answer to question 30 is “yes,” is there a specific time period during which the

applicant may appeal the decision to deny registration? Yes □ No □ N/A □

32. If there is a limited time period for appeal, please specify below:

(i) the length of the time period: ________________ (ii) when it begins and ends: ________________

33. May a decision to register be opposed?

Yes □ No □ N/A □

11 Addition proposed by the Delegation of Lithuania.

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Annex, page 10

34. If there is a limited time period during which the approval of certification marks may be opposed, please specify below:

(i) the length of the time period: ________________ (ii) when it begins and ends: ________________

35. Will the opposition notice include a disclaimer of common terms? Yes □ No □ N/A □

36. Are the factors for determining infringement for certification marks the same as the factors

for trademark infringement? Yes □ No □ N/A □

37. If the answer to question 36 is “no,” please explain how the tests for infringement are not the

same. ______________________________________________________________________ ______________________________________________________________________ 38. Will the database and certificate of registration include any disclaimers?

Yes □ No □ N/A □

39. Is it possible to convert the type of mark after filing or after registration, in particular:12

a. Can a certification mark application be converted to an ordinary

trademark or collective mark application before registration, or vice versa? Yes □ No □ N/A □

b. Can a registered certification mark be converted to an ordinary trademark or collective mark registration, or vice versa? Yes □ No □ N/A □

c. If any conversion is permitted, what conditions must be satisfied? (Please explain) ______________________________________________________________________ ______________________________________________________________________

d. If conversion is not permitted after registration, please explain why.

______________________________________________________________________ ______________________________________________________________________

12 Addition proposed by the Delegations of Finland and Lithuania.

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Annex, page 11

40. Is it possible for the same mark to be registered simultaneously as both a certification mark

and an ordinary trademark or collective mark, in particular:13 a. Can the same mark be registered as both a certification mark and an ordinary trademark

for the same goods or services? Yes □ No □ N/A □

b. Can the same mark be registered as both a certification mark and a collective mark for

the same goods or services? Yes □ No □ N/A □

c. Is the prohibition on parallel registration (where it exists) an absolute ground for refusal

or a relative ground for refusal? ☐ Absolute ground for refusal

☐ Relative ground for refusal

☐ Other (please specify below)

______________________________________________________________________ ______________________________________________________________________

d. If parallel registration is not permitted, does consent from the earlier right holder allow an exception? Yes □ No □ N/A □

e. If parallel registration is not permitted, please describe the legal mechanism by which it

is prevented (e.g. absolute ground for refusal, relative ground for refusal, opposition). ______________________________________________________________________ ______________________________________________________________________

41. Can a person who holds a certification mark and is authorized to provide certification

services in their home country apply for registration of the same mark in your country?14 Yes □ No □ N/A □

13 Addition proposed by the Delegation of Finland. 14 Addition proposed by the Delegation of Lithuania.

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Annex, page 12

42. In your jurisdiction what is the total number of:15

− certification mark applications filed with the IP Office __________________ − certification mark registered by the IP Office __________________ − certification mark applications refused by the IP Office __________________

43. In your jurisdiction, are there any practical or administrative obstacles encountered by the IP

Office in registering certification marks?16 Yes □ No □ N/A □

a. If the answer is “yes,” please indicate the obstacle(s) your IP Office faces in registering certification marks:

_________________________________________________________________________ _________________________________________________________________________

III. OWNERSHIP AND CONTROL The following section is intended to determine what type of entity is eligible to own, control and apply to register certification marks. 44. What type of entity is authorized to register certification marks?

a. An individual or entity, i.e., the certifier, that is not engaged

in the use of the mark for its own goods or services Yes □ No □ N/A □

b. An individual or entity that is using the mark in connection with its own goods or services, i.e., a producer Yes □ No □ N/A □

45. The certifying entity may be:

a. An individual Yes □ No □ N/A □

b. A partnership Yes □ No □ N/A □

c. A corporation Yes □ No □ N/A □

d. A joint venture Yes □ No □ N/A □

e. An association Yes □ No □ N/A □

f. A collective Yes □ No □ N/A □

g. A government entity Yes □ No □ N/A □

h. Any entity recognized by a foreign applicant’s state/country of

15 Addition proposed by the Delegation of Saudi Arabia. 16 Addition proposed by the Delegation of Saudi Arabia.

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Annex, page 13

domicile Yes □ No □ N/A □

i. Other (Please specify): ______________________________________________________________________ ______________________________________________________________________

46. If the applicant is not a governmental entity, is the applicant required to demonstrate they

have been granted authority either from the national government or other governmental authority to operate a certification program?

Yes □ No □ N/A □

47. If the answer to question 46 is “yes," what documentation or evidence is necessary to

demonstrate that the certifying entity has been authorized to certify goods or services? ______________________________________________________________________ ______________________________________________________________________ 48. If the certifying applicant is not “authorized” by its national government or other relevant

authority, but shows that such authorization is not required under its country’s law, will your IP Office make an allowance permitting the mark to be registered? Yes □ No □ N/A □

49. Once registered, is the owner authorized to use the mark for purposes other than to certify,

e.g., on its own goods or services, or goods promoting the mark? Yes □ No □ N/A □

50. Can certification marks be assigned? Yes □ No □ N/A □

51. If the answer to question 50 is “yes,” is the approval of the IP office required for an assignment to be valid?

Yes □ No □ N/A □

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52. If the answer to question 50 is “yes," are there any other conditions that must be fulfilled

prior to an assignment? ______________________________________________________________________ ______________________________________________________________________

53. Are certification types of marks subject to cancellation? Yes □ No □ N/A □

54. If certification types of marks subject to cancellation, what are the grounds? (Please check all that apply) a. The owner is not exercising legitimate control over the use of the

mark. Yes □ No □ N/A □

b. The applicant is engaged in, or will be engaged in, the production or marketing of any goods or services to which the mark is applied. Yes □ No □ N/A □

c. The applicant has failed to observe the certifying standards. Yes □ No □ N/A □

d. The owner permits use of the mark for purposes other than to certify. Yes □ No □ N/A □

e. The owner discriminately refuses to certify, e.g., if a party seeks to use the mark on its goods that meet the certifier’s standards, but the certifier refuses the party’s use Yes □ No □ N/A □

f. Other grounds for cancellation (Please specify): _______________________________________________________ _______________________________________________________

55. Can a licensee challenge ownership of the certification mark?

Yes □ No □ N/A □

56. Is the registration term the same as trademark registrations? Yes □ No □ N/A □

57. Is it possible to renew the registration?

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Yes □ No □ N/A □

58. If the answer to question 57 is “yes," please specify the conditions required to renew

registration. ______________________________________________________________________ ______________________________________________________________________

59. Is renewal required for continued protection? Yes □ No □ N/A □

60. Do your courts enforce the IP rights granted through registration of certification marks?

Yes □ No □ N/A □

a. If the answer to question 60 is “no," please explain why:

______________________________________________________________________ ______________________________________________________________________

61. Is it mandatory to register authorized users of the certification mark with the industrial

property office?17 Yes □ No □ N/A □

62. If proof of use of the certification mark is required, what documentation should be submitted

as evidence?18 ______________________________________________________________________ ______________________________________________________________________

63. Does your jurisdiction have mechanisms in place to monitor the use of certification marks

online and on digital trade platforms?19 Yes □ No □ N/A □

17 Addition proposed by the Delegation of Mexico. 18 Addition proposed by the Delegation of Mexico. 19 Addition proposed by the Delegation of Saudi Arabia.

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IV. CERTIFICATION MARKS INDICATING REGIONAL ORIGIN AND GEOGRAPHICAL INDICATIONS (GIs) The following section is intended to determine the connection between certification marks and GIs. 64. Are GIs eligible for registration as certification marks?

Yes □ No □ N/A □

65. If your IP laws provide for registration and protection of both certification marks and GIs, is it

possible to apply to register the same mark as both a certification mark and as a GI?

Yes □ No □ N/A □

66. Is there a benefit to applying for registration of both? (Please explain)

______________________________________________________________________ ______________________________________________________________________

67. Is there a benefit for applying for GI protection instead of a certification mark? (Please explain)

______________________________________________________________________ ______________________________________________________________________

V. EXAMPLES 68. Please provide examples of certification marks for goods, certification marks for services,

and regional certification marks currently protected in your jurisdictions.

[End of Annex]

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ANNEX

DRAFT QUESTIONNAIRE ON THE LEGAL, ADMINISTRATIVE, AND PROCEDURAL ASPECTS OF EXAMINATION AND REGISTRATION OF CERTIFICATION MARKS

I. DEFINITIONS This section is intended to determine how certification marks are defined under the laws of each SCT member, including whether “certification marks” are referred to by another term, e.g., “guarantee marks”. 1. Do your laws provide for the registration of certification marks, or marks identified otherwise

(e.g., “guarantee marks”) that are used by authorized users to show consumers that particular goods or services, or the providers of those goods or services, have met certain standards1 set by a certifying organization?

Yes □ No □ N/A □

Please use this space to provide any additional comments2.

a. If the answer to question 1 is “yes,” please (i) indicate what these marks are called in

your jurisdiction and (ii) identify the specific laws or regulations that permit registration of these types of marks. ________________________________________________________________

________________________________________________________________

b. If the answer to question 1 is “yes,” please state whether your jurisdiction has a specific definition of this type of mark and set out the definition in the space provided below, along with the specific statute, law, rule or regulation number for the definition. ________________________________________________________________ ________________________________________________________________

2. If the answer to question 1 is “yes,” please state the name of the administrative authority

that registers certification marks or similar marks as identified in your jurisdiction (hereinafter all referred to as “certification marks”). ________________________________________________________________ ________________________________________________________________

3. If the answer to question 1 is “no,” please identify what type of application, if any, that may

be filed by a certifying entity to protect a mark used to indicate that the goods or services of another meet certain standards. ______________________________________________________________________ ______________________________________________________________________

1 Secretariat note: The terms “regulations of use” or “standards” should be understood as referring to comparable concepts, namely the rules or criteria governing the use of certification marks. As noted in document WIPO/STrad/INF/6 (Technical and Procedural Aspects relating to the Registration of Certification and Collective Marks), the terminology used, such as regulations or standards, refers to comparable concepts across jurisdictions, even if the specific content and formulation may vary (see paragraph 40). Respondents are therefore kindly invited to interpret the terminology used in the draft Questionnaire in a functional manner and map it to equivalent concepts under their national systems when answering the questions. 2 Free-text fields proposed by the Delegation of Japan for additional comments.

Annex, page 2

4. Is registration a requirement to protect a certification mark?

Yes □ No □ N/A □

5. If your laws do not provide for registration of certification marks, please explain why, (e.g., too difficult to implement, faced industry opposition, legislative hurdles, etc.). ______________________________________________________________________ ______________________________________________________________________

6. If the answer to question 1 is “yes,” what characteristics or features of a product or service

can the certifying entity certify? (please check all that apply)

a. The material comprising all of the goods meets certain standards Yes □ No □ N/A □

b. The material comprising part of the goods meets certain standards Yes □ No □ N/A □

c. The mode of manufacture of the goods Yes □ No □ N/A □

d. The mode of performance of the services Yes □ No □ N/A □

e. The quality of the goods or services Yes □ No □ N/A □

f. The characteristics of the goods or services Yes □ No □ N/A □

g. That the work or labor on the goods or services was performed by members of a union or other organization Yes □ No □ N/A □

h. The geographic origin of the goods or services Yes □ No □ N/A □

i. Other (Please specify):

________________________________________________________________ ________________________________________________________________

II. REQUIREMENTS FOR REGISTRATION This section is intended to determine the requirements for filing and registration of certification marks. 7. Please select which requirements must be satisfied to receive a filing date for an application

to register a certification mark, and which requirements are needed for a complete application (i.e., being in order for acceptance and registration).

Requirements Filing-date requirement

Complete application requirement

a. Name of applicant/owner ☐ ☐ b. Applicant/owner’s business address ☐ ☐ c. Owner’s entity type (individual, partnership,

corporation, other) ☐ ☐

d. Citizenship of individual owner or country in which owner entity is incorporated or otherwise formed ☐ ☐

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Requirements Filing-date requirement

Complete application requirement

e. Prescribed fee ☐ ☐ f. Identification of the goods or services to be

certified ☐ ☐

g. Classification of the goods or services to be certified ☐ ☐

h. Statement that application is for registration of a certification mark ☐ ☐

i. Statement of what the mark certifies ☐ ☐ j. A copy of the certification standards ☐ ☐ k. A representation or drawing of the mark ☐ ☐ l. Specimen showing use of the mark ☐ ☐ m. Declaration of use or intent to use the mark ☐ ☐ n. Signature of the applicant/owner ☐ ☐ o. Email address ☐ ☐ p. Local counsel ☐ ☐ q. Other additional requirements (Please specify): ☐ ☐

___________________________________________________________ ___________________________________________________________

8. For certification marks indicating regional origin, what additional requirements must be fulfilled for the application to be approved for registration?

a. Certification statement identifying what goods will Yes □ No □ N/A □

be certified

b. Regional demarcation of where products are produced Yes □ No □ N/A □

c. Copy of the standards of review used to certify the goods Yes □ No □ N/A □

d. Protection in the country of origin Yes □ No □ N/A □

e. Authority to control the use of the geographic term Yes □ No □ N/A □

f. Map of production area Yes □ No □ N/A □

g. Specimen of use (e.g., a label on a certified product or documentation for services showing that the certification mark has certification significance in the marketplace) Yes □ No □ N/A □

h. List of names of authorized users Yes □ No □ N/A □

i. Statement that applicant will not certify its own goods or services Yes □ No □ N/A □

j. Statement of non-production of goods to be certified Yes □ No □ N/A □

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k. Disclaimer of any common names Yes □ No □ N/A □

l. Other additional requirements that must be fulfilled before the application can be approved for registration of the mark (Please specify):

_________________________________________________________________ _________________________________________________________________

9. If the application contains incorrect information, can the application be amended or must the

application be refiled with loss of the original filing date? (Please explain) ______________________________________________________________________ ______________________________________________________________________

10. Which amendments of the application affect the original filing date?3 ______________________________________________________________________ ______________________________________________________________________

11. Is there a special classification of products or services when applying for registration of a certification mark?4 Yes □ No □ N/A □ a. If yes, please explain what it consists of and whether it differs from the Nice

Classification. ______________________________________________________________________ ______________________________________________________________________

b. If no, please indicate in which class of the Nice Classification this type of mark is being

applied for registration. ______________________________________________________________________ ______________________________________________________________________

12. Where the applicant is required to submit regulations of use, what is the minimum required

content of those regulations?5 a. The persons or categories of persons authorized to use the mark Yes □ No □ N/A □

b. The conditions for use of the mark Yes □ No □ N/A □

c. The consequences of use contrary to the regulations Yes □ No □ N/A □

d. Other mandatory content (please specify) Yes □ No □ N/A □

______________________________________________________________________ ______________________________________________________________________

13. Is the applicant required to submit a statement of the nature of its activities as a certifying

body?6 a. The applicant is required to submit a statement in all cases Yes □ No □ N/A □

b. The applicant is required to submit a statement only if the

3 Addition proposed by the Delegation of Saudi Arabia. 4 Addition proposed by the Delegation of Mexico. 5 Addition proposed by the Delegations of Finland and Lithuania. 6 Addition proposed by the Delegation of Finland.

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information cannot be obtained from publicly accessible registers Yes □ No □ N/A □

c. The applicant is not required to submit a statement Yes □ No □ N/A □

14. Should the regulations governing the use of a certification mark be publicly available?7

Yes □ No □ N/A □

15. Is it possible to amend the regulations governing the use of a certification mark after its

registration?8 Yes □ No □ N/A □

16. What is the procedure for amending the regulations of use after the certification mark has

been registered?9 ______________________________________________________________________ ______________________________________________________________________ a. Is the holder required to notify the IP office of any amendment to the regulations of use? Yes □ No □ N/A □ b. Must amended regulations of use satisfy the same substantive requirements as the

original regulations of use? Yes □ No □ N/A □

c. From what date do amended regulations of use take effect? (Please check all that apply)

☐ From the date the amendment is made by the holder

☐ From the date the amended regulations are submitted to the IP office

☐ From the date the amendment is approved and entered in the register

☐ Other (please specify below)

________________________________________________________________ ________________________________________________________________

d. What are the consequences if the holder fails to notify the IP office of an amendment?

(Please check all that apply)

7 Addition proposed by the Delegation of Lithuania. 8 Addition proposed by the Delegation of Lithuania. 9 Addition proposed by the Delegation of Finland.

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☐ The amendment has no legal effect

☐ The registration may be revoked or cancelled

☐ Other (please specify below)

_________________________________________________________________ _________________________________________________________________

17. If the applicant is required to submit a copy of the standards that govern the use of its

certification mark, are the standards presumed valid? Yes □ No □ N/A □

a. If the answer to question 17 is “yes," is any documentation required to show that the

certifying body has expertise or appropriate knowledge necessary to certify goods or services?

Yes □ No □ N/A □

b. If documentation is required, please identify the types of documents that can be submitted to demonstrate the certifying body’s expertise: _______________________________________________________________ _______________________________________________________________

18. If the standards are not presumed valid “on their face,” what information is required? (Please

check all that apply)

a. Information demonstrating that the certifier is required to take reasonable steps to prevent the public from being misled. Yes □ No □ N/A □

b. Information detailing how the owner authorizes/controls/monitors the use of the mark. Yes □ No □ N/A □

c. Governmental substantiation of the standards Yes □ No □ N/A □

d. Inspection by a government body required Yes □ No □ N/A □

e. May standards be promulgated by private research or industry? Yes □ No □ N/A □

f. Other additional information (Please specify):

_______________________________________________________________ _______________________________________________________________

19. If the certification standards are not presumed valid “on their face,” will an extension of time be granted to allow the applicant to submit amended standards or additional supporting information?

Yes □ No □ N/A □

20. Will any other government agency be consulted to determine registrability of the certification

mark?

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Yes □ No □ N/A □

21. On what basis can certification marks be refused? (Please check all that apply) a. Likelihood of confusion Yes □ No □ N/A □

b. Immoral/scandalous Yes □ No □ N/A □

c. Functional Yes □ No □ N/A □

d. Lacking distinctive character Yes □ No □ N/A □

e. Deceptive Yes □ No □ N/A □

f. Standards appear discriminatory against certain producers Yes □ No □ N/A □

g. Applicant does not appear to be capable of exercising control over the mark and the certification standards Yes □ No □ N/A □

h. Applicant appears to be engaged in the production or marketing of goods or services to which the mark is applied (rather than being an impartial certifier) Yes □ No □ N/A □

i. Evidence of lack of control of use of the mark by the applicant certifying party Yes □ No □ N/A □

j. Potential for public confusion to be misled regarding nature or significance of the mark Yes □ No □ N/A □

k. Discrepancy between the goods or services mentioned in the standards and the list of goods or services filed in the application10 Yes □ No □ N/A □

l. Other grounds (Please specify): ____________________________________________________________ _______________________________________________________________

22. Is the test for a refusal based on lack of distinctive character the same test that is applied to

trademarks? Yes □ No □ N/A □

23. If the answer to question 22 is “no," what factors may be taken into account in assessing

whether a mark has or lacks distinctive character: a. The inherent nature of the mark itself Yes □ No □ N/A □

b. The standards used to certify goods Yes □ No □ N/A □

c. The goods or services Yes □ No □ N/A □

10 Addition proposed by the Delegation of Norway.

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d. Other factors (Please specify):

_______________________________________________________________ _______________________________________________________________

24. Can a refusal based on lacking distinctive character be overcome with evidence of acquired

distinctiveness? Yes □ No □ N/A □

25. Will your IP office consider any of the following sources as evidence that the certification

mark has or does not have distinctive character?

a. Dictionaries Yes □ No □ N/A □

b. Newspapers or other publications Yes □ No □ N/A □

c. Relevant websites Yes □ No □ N/A □

d. Marketing materials showing how device is used and sold in the territory Yes □ No □ N/A □

e. Other factors (Please specify):

_______________________________________________________________ _______________________________________________________________

26. In the case of a mark that certifies regional origin, what factors other than those in

question 25 are considered in determining whether the term has or does not have distinctive character? (Please check all applicable) a. If the term sought to be registered is used within your

member state to refer to the same type of goods or services Yes □ No □ N/A □

b. Whether the term is used in relevant international standards to refer to a type or class of goods, such as Codex Alimentarius Yes □ No □ N/A □

c. Whether the goods named by the term sought to be registered are imported into your territory from any other territories other than that identified in the application Yes □ No □ N/A □

d. Whether the goods named by the term sought to be registered are manufactured or produced in any territories other than that identified in the application Yes □ No □ N/A □

e. Whether persons or entities other than the applicant use the term

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to name the type of product identified in the application Yes □ No □ N/A □

27. Is it possible to refuse the registration of a certification mark due to insufficient or unclear

regulations?11 Yes □ No □ N/A □

28. Is the decision to grant registration published?

Yes □ No □ N/A □

29. Is the decision to deny registration published?

Yes □ No □ N/A □

30. May the decision to refuse registration be appealed?

Yes □ No □ N/A □

31. If the answer to question 30 is “yes,” is there a specific time period during which the

applicant may appeal the decision to deny registration? Yes □ No □ N/A □

32. If there is a limited time period for appeal, please specify below:

(i) the length of the time period: ________________ (ii) when it begins and ends: ________________

33. May a decision to register be opposed?

Yes □ No □ N/A □

11 Addition proposed by the Delegation of Lithuania.

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34. If there is a limited time period during which the approval of certification marks may be opposed, please specify below:

(i) the length of the time period: ________________ (ii) when it begins and ends: ________________

35. Will the opposition notice include a disclaimer of common terms? Yes □ No □ N/A □

36. Are the factors for determining infringement for certification marks the same as the factors

for trademark infringement? Yes □ No □ N/A □

37. If the answer to question 36 is “no,” please explain how the tests for infringement are not the

same. ______________________________________________________________________ ______________________________________________________________________ 38. Will the database and certificate of registration include any disclaimers?

Yes □ No □ N/A □

39. Is it possible to convert the type of mark after filing or after registration, in particular:12

a. Can a certification mark application be converted to an ordinary

trademark or collective mark application before registration, or vice versa? Yes □ No □ N/A □

b. Can a registered certification mark be converted to an ordinary trademark or collective mark registration, or vice versa? Yes □ No □ N/A □

c. If any conversion is permitted, what conditions must be satisfied? (Please explain) ______________________________________________________________________ ______________________________________________________________________

d. If conversion is not permitted after registration, please explain why.

______________________________________________________________________ ______________________________________________________________________

12 Addition proposed by the Delegations of Finland and Lithuania.

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40. Is it possible for the same mark to be registered simultaneously as both a certification mark

and an ordinary trademark or collective mark, in particular:13 a. Can the same mark be registered as both a certification mark and an ordinary trademark

for the same goods or services? Yes □ No □ N/A □

b. Can the same mark be registered as both a certification mark and a collective mark for

the same goods or services? Yes □ No □ N/A □

c. Is the prohibition on parallel registration (where it exists) an absolute ground for refusal

or a relative ground for refusal? ☐ Absolute ground for refusal

☐ Relative ground for refusal

☐ Other (please specify below)

______________________________________________________________________ ______________________________________________________________________

d. If parallel registration is not permitted, does consent from the earlier right holder allow an exception? Yes □ No □ N/A □

e. If parallel registration is not permitted, please describe the legal mechanism by which it

is prevented (e.g. absolute ground for refusal, relative ground for refusal, opposition). ______________________________________________________________________ ______________________________________________________________________

41. Can a person who holds a certification mark and is authorized to provide certification

services in their home country apply for registration of the same mark in your country?14 Yes □ No □ N/A □

13 Addition proposed by the Delegation of Finland. 14 Addition proposed by the Delegation of Lithuania.

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42. In your jurisdiction what is the total number of:15

− certification mark applications filed with the IP Office __________________ − certification mark registered by the IP Office __________________ − certification mark applications refused by the IP Office __________________

43. In your jurisdiction, are there any practical or administrative obstacles encountered by the IP

Office in registering certification marks?16 Yes □ No □ N/A □

a. If the answer is “yes,” please indicate the obstacle(s) your IP Office faces in registering certification marks:

_________________________________________________________________________ _________________________________________________________________________

III. OWNERSHIP AND CONTROL The following section is intended to determine what type of entity is eligible to own, control and apply to register certification marks. 44. What type of entity is authorized to register certification marks?

a. An individual or entity, i.e., the certifier, that is not engaged

in the use of the mark for its own goods or services Yes □ No □ N/A □

b. An individual or entity that is using the mark in connection with its own goods or services, i.e., a producer Yes □ No □ N/A □

45. The certifying entity may be:

a. An individual Yes □ No □ N/A □

b. A partnership Yes □ No □ N/A □

c. A corporation Yes □ No □ N/A □

d. A joint venture Yes □ No □ N/A □

e. An association Yes □ No □ N/A □

f. A collective Yes □ No □ N/A □

g. A government entity Yes □ No □ N/A □

h. Any entity recognized by a foreign applicant’s state/country of

15 Addition proposed by the Delegation of Saudi Arabia. 16 Addition proposed by the Delegation of Saudi Arabia.

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Annex, page 13

domicile Yes □ No □ N/A □

i. Other (Please specify): ______________________________________________________________________ ______________________________________________________________________

46. If the applicant is not a governmental entity, is the applicant required to demonstrate they

have been granted authority either from the national government or other governmental authority to operate a certification program?

Yes □ No □ N/A □

47. If the answer to question 46 is “yes," what documentation or evidence is necessary to

demonstrate that the certifying entity has been authorized to certify goods or services? ______________________________________________________________________ ______________________________________________________________________ 48. If the certifying applicant is not “authorized” by its national government or other relevant

authority, but shows that such authorization is not required under its country’s law, will your IP Office make an allowance permitting the mark to be registered? Yes □ No □ N/A □

49. Once registered, is the owner authorized to use the mark for purposes other than to certify,

e.g., on its own goods or services, or goods promoting the mark? Yes □ No □ N/A □

50. Can certification marks be assigned? Yes □ No □ N/A □

51. If the answer to question 50 is “yes,” is the approval of the IP office required for an assignment to be valid?

Yes □ No □ N/A □

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52. If the answer to question 50 is “yes," are there any other conditions that must be fulfilled

prior to an assignment? ______________________________________________________________________ ______________________________________________________________________

53. Are certification types of marks subject to cancellation? Yes □ No □ N/A □

54. If certification types of marks subject to cancellation, what are the grounds? (Please check all that apply) a. The owner is not exercising legitimate control over the use of the

mark. Yes □ No □ N/A □

b. The applicant is engaged in, or will be engaged in, the production or marketing of any goods or services to which the mark is applied. Yes □ No □ N/A □

c. The applicant has failed to observe the certifying standards. Yes □ No □ N/A □

d. The owner permits use of the mark for purposes other than to certify. Yes □ No □ N/A □

e. The owner discriminately refuses to certify, e.g., if a party seeks to use the mark on its goods that meet the certifier’s standards, but the certifier refuses the party’s use Yes □ No □ N/A □

f. Other grounds for cancellation (Please specify): _______________________________________________________ _______________________________________________________

55. Can a licensee challenge ownership of the certification mark?

Yes □ No □ N/A □

56. Is the registration term the same as trademark registrations? Yes □ No □ N/A □

57. Is it possible to renew the registration?

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Yes □ No □ N/A □

58. If the answer to question 57 is “yes," please specify the conditions required to renew

registration. ______________________________________________________________________ ______________________________________________________________________

59. Is renewal required for continued protection? Yes □ No □ N/A □

60. Do your courts enforce the IP rights granted through registration of certification marks?

Yes □ No □ N/A □

a. If the answer to question 60 is “no," please explain why:

______________________________________________________________________ ______________________________________________________________________

61. Is it mandatory to register authorized users of the certification mark with the industrial

property office?17 Yes □ No □ N/A □

62. If proof of use of the certification mark is required, what documentation should be submitted

as evidence?18 ______________________________________________________________________ ______________________________________________________________________

63. Does your jurisdiction have mechanisms in place to monitor the use of certification marks

online and on digital trade platforms?19 Yes □ No □ N/A □

17 Addition proposed by the Delegation of Mexico. 18 Addition proposed by the Delegation of Mexico. 19 Addition proposed by the Delegation of Saudi Arabia.

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IV. CERTIFICATION MARKS INDICATING REGIONAL ORIGIN AND GEOGRAPHICAL INDICATIONS (GIs) The following section is intended to determine the connection between certification marks and GIs. 64. Are GIs eligible for registration as certification marks?

Yes □ No □ N/A □

65. If your IP laws provide for registration and protection of both certification marks and GIs, is it

possible to apply to register the same mark as both a certification mark and as a GI?

Yes □ No □ N/A □

66. Is there a benefit to applying for registration of both? (Please explain)

______________________________________________________________________ ______________________________________________________________________

67. Is there a benefit for applying for GI protection instead of a certification mark? (Please explain)

______________________________________________________________________ ______________________________________________________________________

V. EXAMPLES 68. Please provide examples of certification marks for goods, certification marks for services,

and regional certification marks currently protected in your jurisdictions.

[End of Annex]

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