One of the most notable aspects of the trademark reform was the introduction of a new type of trade mark at the European level: the certification mark.
The certification mark now provides an additional, specific type of protection, alongside the existing individual and collective marks.
The importance of this choice was emphasised in the « Cotton Flower » judgment of the Court of justice of the European Union.
In that case, a cotton flower logo was registered as an individual trademark but was actually used as a quality label for cotton goods.
The Court emphasised that using an individual trade mark as a label does not amount to genuine use of that mark if the goods are not produced under the control of the owner of the mark.
This finding has a radical consequence, because an individual mark that is used as a label can be revoked for lack of genuine use, for example as a counterclaim in infringement proceedings.
This judgment clearly highlights the importance of selecting the certification mark when the mark is meant to serve as a quality label.