Midwest Plastic Fabrications v. Underwriters Labratory, 906 F.2d 1568 (1990) p.239

FACTS

Midwest attempted to cancel two trademarks that were issued to UL. Two reasons for cancelling says midwest: 1. a certification mark had to be used to certify, 2. UL was not controlling the use of the certification mark.

RULE

A certification may be cancelled if not used exclusively as a certification mark.

RATIONAL

A certification may be cancelled if not used exclusively as a certification mark. Certification mark holder. The holder of the mark is not selling product under the mark. They set certain standards for safety conditions for products. In order to be able to use the certification mark you have to submit products to UL. Once cleared by the test labs, you can use the UL certification mark. Have to buy the decals from someone authorized by UL (UL wants uniformity). Have to agree that within your plan for all the products that are manufactured you will meet the UL standards.

Here, the person that is putting the UL mark on the goods is not the certification mark holder. However the certification mark holder has to policy their own mark. Form two standards: the people who are using it maintain quality standards that they agreed to when they got permission to use the mark. Must also ensure that the people who are not authorized are not using the mark. Must do reasonable procedures.

Created on: Tuesday, February 01, 2000 at 18:41:28 (PST)