Trade marks and certification
It may surprise members that the phrase “Southdown Sheep” can be used to describe a wide range of sheep and even the description “Registered Southdown Sheep” only indirectly assures buyers and others that sheep are pedigree Southdowns.
To enhance its membership services the Southdown Sheep Society has now registered a specific trade mark that, if required, makes it explicit in legal terms that a sheep is a registered Southdown.
There are certain trademarks that do not have the same function as an ordinary trade mark. The Society’s new trade mark is a certification mark, a specific type of trade mark that provide a guarantee that the goods or services bearing the mark meet a certain defined standard or possess a particular characteristic. Such marks are usually registered in the name of trade associations or similar bodies.
The Society, in registering this trade mark “Southdown Sheep Certification Mark”, has explicitly defined in law the standards or characteristics as “Sheep registered with the Southdown Sheep Society”. Any claim that a sheep is registered with the Society can be assured by use of this trademark and misuse is a straightforward and primary infringement of trademark law.
Use of this trademark is available only to the Society’s members for their registered sheep. Its use is not mandatory, but can be used by members for clarity if they so wish.
If members wish to use this new trademark, please contact the Society’s office for information to ensure they adhere to trademark law when using this facility, in accordance with the Society's new Rule 25, see below.
This new trademark has been made available at minimal cost in part by a generous donation to the Society.
Rule 25. Members must only use the exact phrase “Southdown Sheep Certification Mark" in respect of Southdown Sheep registered with the Southdown Sheep Society. This trademark can be used as straightforward plain text in written, electronic and other communications, as well as verbally. Members are advised to obtain guidance on appropriate use which is available from the Society’s office. It is a condition of use that the mark shall not be used without indicating that is a certification mark. The main purpose of this certification mark is to guarantee to the relevant public that such certified Southdown Sheep possess the particular characteristic of being registered with the Southdown Sheep Society. The characteristic being certified by the mark is that the goods in question are sheep which are all of the Southdown breed. Members who are considered to have misused the trademark will be referred to the Society’s Officers for consideration of further action via the Society’s Disciplinary Procedure.