Certification Marks and Bob Ross
I listened to a news segment recently about Bob Ross and the impact of his work. You can listen to that segment here. Last week marked the 40th anniversary of the first episode of The Joy of Painting (i.e., when Bob Ross first hit the airwaves). Thank you Kat Lonsdorf (@lilkat_bigworld) and NPR (@NPR) for a great story.
I want to start this post by asking, what do Bob Ross, USDA Organic, and Underwriters Laboratories have in common? Answer: certification.
When you buy organic broccoli from the store, it does not necessarily come from the same, single farm that provided the organic carrots or organic that you purchased last week. Instead, the United States Department of Agriculture inspects and certifies the organic foods produced by numerous farms and food manufactures. When those products reach your store, they are certified with this familiar mark
or something similar, belonging to the Department of Agriculture. The Department of Agriculture has inspected and certified that the food products meet specific criteria.
Underwriters Laboratories describes itself as a global leader in applied safety science:
UL Solutions delivers testing, inspection and certification services, together with software products and advisory offerings, that support our customers’ product innovation and business growth.
The UL Certification Marks serve as a recognized symbol of trust in our customers’ products and reflect an unwavering commitment to advancing our safety mission.
We help our customers innovate, launch new products and services, navigate global markets and complex supply chains, and grow sustainably and responsibly into the future.
From the adoption of electrification to the enablement of 5G and new mobility, we collectively look toward new frontiers, working for a safer world. Our science is your advantage.
Underwriters Laboratories certifies a large number of goods and services. By way of example, consider the fire extinguisher and smoke alarm below, both of which were certified by Underwriters Laboratories. Look for the UL mark.
As for Bob Ross, we can learn a lot from him on The Joy of Painting or The Bob Ross Experience. But perhaps you want a hands-on approach. Maybe you want someone to critique your work. Reruns of old shows unfortunately cannot provide that level of support. In those situations, you might consider learning from a Certified Ross Instructor. If you are good enough, you could become an instructor yourself. Learning from a Certified Ross Instructor gives you confidence that your teacher knows a thing or two about Bob Ross’s technique. In fact, the certification gives you confidence that the instructor received specific training and/or demonstrated a certain level of proficiency. Likewise, you could exhibit those attributes if you became certified yourself. Thus, giving you a competitive advantage over other art teachers.
That is precisely the point of certification marks. Like trademarks and service marks, certification marks are registrable with the United States Patent and Trademark Office (USPTO). When applying to register a certification mark with the USPTO, there are several requirements common with trademarks: identifying the owner of the mark; identifying the goods/services; identifying the mark; providing a specimen (i.e., proof) of use. However, two differences stand out.
First, the specimen should not be generated by the owner of the mark. Per federal trademark law, “[a] certification mark specimen must show how a person other than the owner uses the mark to reflect certification of regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of that person’s goods or services . . . .” 37 C.F.R. §2.56(b)(5); T.M.E.P. §1306.02(a)(i)(B). With respect to the fire extinguisher and smoke alarm, Underwriters Laboratories does not manufacture these products. Instead, third-parties manufacture these products and hire Underwriters Laboratories to test the products for safety. If compliant, the third-parties can mark these products with the certification mark(s). Similarly, Bob Ross Inc. does not tout itself as a Certified Ross Instructor. Instead, art instructors learn from and prove their abilities to Bob Ross Inc. Bob Ross Inc. then certifies the instructor and the instructor can boast that he/she is a Certified Ross Instructor.
Second, the owner must provide a copy of the certification standards governing use of the certification mark on or in connection with the goods or services. That is, the owner does not arbitrarily grant or deny certification. The owner has a set of standards and consistently applies those standards to the third-parties seeking certification. The certification standards can be short or lengthy.
If you or your business certifies goods and services provided by third-parties you might be using a certification mark. Consider discussing your certification mark with a trademark attorney to ensure that your rights are protected.
