Trademarks, Certification Marks and Technical Standards

Cambridge Handbook of Technical Standardization Law, Vol. 2: Administrative Law, Trade, Privacy, Tort, Copyright and Trademark (Jorge L. Contreras, ed., Cambridge Univ. Press 2019)

University of Utah College of Law Research Paper No. 268

26 Pages Posted: 8 Jul 2018 Last revised: 3 Mar 2021

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: July 8, 2018

Abstract

Complex interoperability protocols such as Wi-Fi, Bluetooth and DVD have become known throughout the developed world by simple and memorable names, many of which have been protected as trademarks, service marks and certification marks. This chapter describes different approaches that have been taken with respect to the naming and legal protection of technical standards, ranging from those that are wholly unregulated to those that are administered under strict certification and compliance regimes. It also explores the fragmented case law surrounding the nominative fair use doctrine in the context of technical standards and asks what protective framework may best promote the goals of broad product interoperability.

Keywords: standards, trademark, certification mark, genericide, SDO

Suggested Citation

Contreras, Jorge L., Trademarks, Certification Marks and Technical Standards (July 8, 2018). Cambridge Handbook of Technical Standardization Law, Vol. 2: Administrative Law, Trade, Privacy, Tort, Copyright and Trademark (Jorge L. Contreras, ed., Cambridge Univ. Press 2019), University of Utah College of Law Research Paper No. 268, Available at SSRN: https://ssrn.com/abstract=3209855

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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