What brand owners need to know about certification mark “BUN BO HUE”

The facts: In July 2016, the People’s Committee of Thua Thien Hue province applied for stylized certification mark “BÚN BÒ HUẾ & Fig.”, meaning as “Hue Beef Noodle”, claiming for beef noodle in Class 30 and restaurant, food and drink catering services in Class 43, depicted below.

The case immediately attracted attention of whole business world in the filed of food and drink catering services, especially those who are selling the food in the whole country. The information also appealed the universal interest from the media.

The business community was anxious about that: if the People’s Committee of Thua Thien Hue province register “BÚN BÒ HUẾ & Fig.” as a certification mark, then whether those being produced, packaged or sold the food “BUN BO HUE” in the whole country, need to obtain the license from the local authority to keep doing their business; Or, whether scope of protection of the certification mark is the same as a geographical indication. It means that only those who having their business location in Hue province meet the required standards for using the certification mark, (such as the qualities, characteristics or reputation of the product), would be conferred the rights to produce and sell the outstanding food?

What is a certification mark?

Under the IP law, certification mark means a mark which is authorized by its owner to be used by another organization or individual on the latter's goods or services in order to certify the origin, raw materials, materials, method or mode of manufacture of goods or provision of services, quality assurance, accuracy of the goods or services, safety or other characteristic of goods or services bearing such mark.

The law also provides that the owner of certification mark must be an organization such that the organization doing the certifying cannot itself engage in the production or marketing of the goods or services but must be competent to certify that any user has met the requirements. The scope of protection of a certification mark depends on the following items.

•      - Specimen of mark
•      - Details of certification
•      - Regulations for using the mark (or certain standards for using the mark)

 What are some examples of certification marks?