17 - Anglo and EU Frameworks for Certification and Collective Trademarks

Summary

Ordinary trademarks promise consistent quality. This promise is the quid pro quo for the trademark proprietor’s right to control the goodwill symbolized by the mark. Subject to external regulatory controls (safety standards, truth in labeling laws, etc.), it is largely up to the trademark proprietor to set its own standards. If a firm wants to attach its brand to a chocolate product containing low levels of cocoa butter, that is its prerogative.¹ It will be motivated to do so if consumers signal their approval with purchases. In these days of incessant licensing of trademarks, consumer confidence is grounded as much in the ability of trademark proprietors to control quality as in any obligation imposed on trademark proprietors to exercise quality control.² In theory, consumer responses will provide the necessary incentive for trademark proprietors to police supply chains and licensees, so as to ensure that products and services bearing the mark live up to the relevant standards. In other words, insofar as trademark law is concerned, market responses largely dictate the level of trademark proprietors’ investment in standards, not external controls.