Content

The certification mark

In addition to the standard case of individual trademarks used to distinguish one supplier's products from those of another, there was also the warranty mark (which was very rare and only suitable for a few constellations!).

Since 2019, new trade mark category for certifying bodies

Since January 2019, quality seals or test marks from neutral certification companies can also be registered in Germany as guarantee marks for the goods/services that are the subject of the respective certification. In contrast to individual marks that indicate the origin of a business, this new category of marks focuses on the guarantee function; it is not a matter of distinguishing the goods/services of one provider from those of another (as is the case with individual marks), but of guaranteeing a certain characteristic for the goods/services designated. This guaranteeing character must be immediately apparent from the certification mark.

The characteristics guaranteed by the certification mark must be listed in the mandatory trademark regulations, as must the relevant testing and monitoring measures and the conditions of use.

The main features of the certification mark are:

• Neutrality: Guaranteeing certain characteristics of goods/services is only possible in a meaningful way if compliance with the guaranteed characteristics is checked and monitored and permission to use the trademark is made dependent on this. The owner guarantees the existence of and compliance with the promised characteristics of the goods/services.
• Supervision/control: Guaranteeing certain characteristics of goods/services is only possible in a meaningful way if compliance with the guaranteed characteristics is checked and monitored and permission to use the trademark is made dependent on this. The owner guarantees the existence of and compliance with the promised characteristics of the goods/services.
• Transparency: The exact characteristics that are to be guaranteed by the warranty mark, as well as the testing and monitoring methods that ensure their continued existence, should be recognisable and transparent to the public. The statutes, which must contain this information, are entered in the register and are thus accessible to everyone.

Requirements for the regulations governing use of the mark

The mandatory minimum content of the warranty mark regulations is governed section 106d (2) of the Trade Mark Act (only in German). Among other things, the trademark owner must provide information on:

• Guaranteed product characteristics
• Terms of use
• Testing and monitoring measures

Specific information is required for each point, and the basic features of this minimum content must also be laid down in the statutes. With regard to (technical) details, supplementary references to other publicly accessible sources are possible (e.g. publications available online). The statutes must be clearly structured and formulated in such a way that the subject matter and scope of the warranty are comprehensible to third parties.

Experience to date

The DPMA has received over 600 applications for certification marks to date. Among those registered are the state seal of approval for fair and ecologically produced clothing, "Grüner Knopf" (Green Button), and the word mark ‘active office certificate’ (DE 3020190090361) for ergonomic office furniture.

A large number of applications were unsuccessful, in particular because the trademark category ‘guarantee mark’ was chosen erroneously, failing to recognise its specific nature and requirements. Since the trademark category cannot be changed during the ongoing procedure, careful consideration should be given before applying for the trademark as to whether the guarantee mark is the correct trademark category. Many applications were not distinctive because the required guaranteeing character could not be immediately inferred from the certification mark. In addition, the submitted trademark regulations often required clarification.

Last updated: 12 March 2026