Communities with a cohesive tourism brand are able to broadcast a consistent message about their region, businesses, and natural wonders to lure visitor dollars into its area. This task often falls on regional or local tourism nonprofits and organizations. Trademark law provides a method for these organizations to foster a consistent brand message: the certification mark.
Before explaining why a certification mark may help your tourism organization, let’s review trademark law’s basics. Trademarks are used to identify the source of goods or services and allow a business to register a “mark” for a specific class of goods or services. Once registered, that business has the nationwide priority to use that mark. Trademark law is designed to protect consumers’ ability to trust the source of goods or services they are purchasing.
For example, if a consumer prefers a particular brand of coffee, they will likely identify that brand by the logo, name, or slogan on the coffee cup it is served in. In other words, the consumer sees the “mark” and thinks “yes, I know and trust that brand and will purchase that coffee.”
However, if the gas station on the corner brews its own coffee, but puts it in a cup with the recognized chain’s mark, the consumer will be confused as to the source of the coffee. Trademark law prevents this from occurring.
It is a name, symbol, logo, word, or combination thereof, registered with the United States Patent and Trademark office that 1) is used by a person other than the owner 2) which the owner has bona fide intent to permit the person to use in commerce 3) that is used to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristic of goods or services. 15 USC 1127.
Certification marks carry the same authority as a trademark. However, an added benefit is that the certification mark may be perceived as a particularly trustworthy indicator, largely because the owner of the mark is not using it for its own benefit, but rather, the benefit of others. Said another way, the owner of the certification mark is not attempting to win business for itself, instead, it is attempting to identify a specific set of goods or services as meeting a defined standard.
Tourism destination marketing organizations (DMOs), regional chambers of commerce, and travel associations face a brand management challenge that is structurally different from that of a typical business. They do not sell a single product or service; they promote a geographic region encompassing hundreds or thousands of independent businesses — hotels, restaurants, outfitters, museums, farms, wineries, and retail shops — each of which has its own brand and business interests.
A certification mark addresses this challenge directly. The tourism organization develops the mark and establishes clear standards that businesses in the region must meet to earn the right to display the mark. Businesses that meet those standards — perhaps a commitment to authentic local sourcing, a minimum quality level, or adherence to sustainable practices — can use the certification mark in their marketing. Visitors to the region learn to associate the mark with a consistent, verified experience, and businesses benefit from the credibility that comes with the certification.
The strength of a tourism certification mark is only as good as the standards it represents. Vague or unenforceable standards undermine the mark’s credibility and may expose the registration to cancellation challenges. Effective certification standards for a tourism organization typically address:
Once standards are established, they should be documented in a written certification agreement that every authorized user must sign. The certification agreement should specify the conditions under which the mark may be used, the consequences of non-compliance, and the process for disputing a certification denial or revocation.
The Lanham Act imposes specific obligations on certification mark owners that do not apply to standard trademark registrants. The most important is the non-discrimination obligation: the owner of a certification mark cannot refuse to certify the goods or services of any person who meets the applicable standards. 15 U.S.C. § 1064(5). This means that once a business satisfies the certification criteria, the organization must grant it the right to use the mark, regardless of whether the business is a member of the organization or has any other relationship with it.
Additionally, the owner cannot use the certification mark in connection with its own goods or services. A regional tourism council that owns a certification mark cannot use that mark to promote its own events, conferences, or publications — only in connection with certifying third-party businesses.
These obligations require careful governance by the tourism organization. Many organizations create a separate certification committee or independent panel to apply the standards consistently and insulate certification decisions from organizational politics.
Registration with the USPTO provides the legal foundation for national protection of the certification mark. But registration alone is not sufficient — the organization must actively monitor for unauthorized use and take enforcement action when the mark is used without authorization or by a business that no longer meets the certification standards.
Revision Legal’s trademark attorneys assist tourism organizations throughout Michigan and the broader United States with certification mark registration, standards development, certification agreement drafting, and enforcement. If your organization is considering establishing a certification program, contact us at 855-473-8474 or through our website for a consultation.
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