Certification mark (or certification trade mark) is a mark that certifies the origin, material, mode of manufacture, quality, accuracy, or other characteristics of goods or services, but is not owned by a person who trades in those goods or services. Under Indian law, certification marks are governed by Section 2(1)(e) and Chapter IX (Sections 69-78) of the Trade Marks Act, 1999, and include familiar symbols such as the ISI mark, AGMARK, and BIS Hallmark.
Legal definition
Section 2(1)(e) of the Trade Marks Act, 1999 provides:
Section 2(1)(e): "Certification trade mark" means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified.
Section 69 establishes that any person who is not engaged in the supply of goods or the provision of services may apply for registration of a certification mark. This is a critical restriction — the proprietor of a certification mark must be an independent certifier, not a trader in the certified goods.
Registration process: Under Section 71, the Registrar may register a certification mark only if satisfied that the applicant is competent to certify, the draft regulations governing use are satisfactory, and registration is in the public interest. Sections 72-78 govern the deposit of regulations, permitted use, and powers of the Registrar to vary or cancel the registration.
The Registrar maintains the mark's standards by monitoring compliance with the certification regulations. If the mark is used in a manner that does not comply with the regulations, the proprietor may take action and the Registrar may cancel the registration.
How courts have interpreted this term
Quality Council of India and BIS Enforcement Actions
The Bureau of Indian Standards has pursued numerous enforcement actions against the unauthorised use of the ISI mark on electrical goods, building materials, and food products. Courts have consistently held that misuse of the ISI certification mark constitutes both trademark infringement and a criminal offence under the Bureau of Indian Standards Act, 2016, punishable with imprisonment and fine.
The Tea Board of India Re: Darjeeling Tea Certification
The Tea Board's "Darjeeling" certification mark (one of India's most valuable certification marks) has been enforced globally. Indian courts have held that the certification mark protects the geographical integrity and quality standards of Darjeeling tea, preventing use by non-certified producers.
Why this matters
Certification marks serve a fundamentally different purpose from ordinary trademarks. While a trademark identifies the source of goods (this product comes from Company X), a certification mark certifies a characteristic of the goods (this product meets Standard Y). The certifier is an independent body that does not trade in the goods — ensuring objectivity.
For consumers, certification marks are quality signals. The BIS ISI mark on an electrical appliance certifies that it has been tested and conforms to the relevant Indian Standard. The AGMARK on a food product certifies quality standards for agricultural produce. The BIS Hallmark on gold jewellery certifies purity. Consumers rely on these marks to make informed purchasing decisions.
For businesses, obtaining certification mark authorisation provides a competitive advantage. Products bearing recognised certification marks command consumer trust and may be required for government procurement contracts. The Bureau of Indian Standards Act, 2016 makes certain ISI certifications mandatory for specified products — manufacturers cannot sell these products without BIS certification.
A key distinction from ordinary trademarks is that certification marks cannot be owned by persons who trade in the certified goods. This ensures the certifier's independence. The ISI mark is owned by the Bureau of Indian Standards (a government body), not by any manufacturer. The AGMARK is owned by the Directorate of Marketing and Inspection.
Related terms
Broader concepts:
Sibling concepts:
Frequently asked questions
What is the difference between a certification mark and a trademark?
A trademark identifies the commercial source of goods or services (who made it). A certification mark certifies a characteristic of the goods — origin, quality, material, mode of manufacture — regardless of who made it. Crucially, the owner of a certification mark cannot trade in the certified goods; they must be an independent certifier.
What are examples of certification marks in India?
The most widely recognised certification marks in India include: the ISI mark (Bureau of Indian Standards — certifies conformity to Indian Standards), AGMARK (Directorate of Marketing and Inspection — certifies quality of agricultural produce), BIS Hallmark (Bureau of Indian Standards — certifies purity of gold and silver), and the FSSAI mark (Food Safety and Standards Authority — certifies food safety compliance).
Can a certification mark be registered by a manufacturer?
No. Under Section 69 of the Trade Marks Act, 1999, only a person who is not engaged in the supply of goods or provision of services of the kind certified may apply for registration of a certification mark. This requirement ensures the certifier's independence and objectivity.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.