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What are the trademark requirements for BIMI VMC, and can alternative jurisdictions or certifications be used?

Summary

For a BIMI Verified Mark Certificate (VMC) to be issued, organizations must have their logo officially registered as a figurative or graphic trademark with a recognized Intellectual Property (IP) office. This is a fundamental requirement, ensuring brand authenticity and trust, and not just any registered trademark will suffice; a word mark, for instance, is generally not accepted. The specific IP office where the trademark is registered must be on a list approved by the VMC-issuing Certificate Authorities (CAs), including major global offices such as the USPTO, EUIPO, and UKIPO. This strict validation process means that there are no 'alternative certifications' like simple copyrights or common-law trademarks that can replace a registered logo trademark for VMC purposes. While a Conditional Mark Certificate (CMC) offers a temporary solution during trademark approval, it is limited to Gmail and does not display the verified tick mark, making it distinct from a full VMC. The logo used for BIMI must also precisely match its registered trademark version.

Key findings

  • VMC Requires Registered Logo: BIMI's Verified Mark Certificate (VMC) mandates that a brand's logo be a registered figurative or logo trademark, not just a word mark or an unregistered design.
  • Specific IP Offices Required: Trademark registration for VMC must be through an Intellectual Property (IP) office explicitly recognized by the Certificate Authorities (CAs) that issue VMCs, with a select list of major global offices typically accepted.
  • No VMC Alternatives: There are no 'alternative certifications' to a validly registered logo trademark that satisfy the requirements for a full BIMI VMC; common-law trademarks or pending applications are insufficient.
  • CMC Limitations: A Conditional Mark Certificate (CMC) can be used while awaiting trademark approval, but it offers limited support, currently only in Gmail, and does not display the coveted verified tick mark.
  • Logo Match is Crucial: The logo displayed via BIMI must be an exact match to the one registered as a trademark, reinforcing brand trust and preventing misuse.

Key considerations

  • Logo Trademark Requirement: For a BIMI Verified Mark Certificate (VMC), your organization's logo must be officially registered as a figurative or logo trademark. Simple brand names, word marks, common-law trademarks, or pending registrations are not sufficient.
  • Recognized Jurisdictions: The trademark must be registered with a recognized Intellectual Property (IP) office approved by the VMC-issuing Certificate Authorities (CAs). Major offices like USPTO, EUIPO, UKIPO, CIPO, and IP Australia are commonly accepted. Not all jurisdictions are recognized, so verify your IP office's acceptance by CAs.
  • Exact Logo Match: The registered trademark logo must precisely match the logo intended for use with BIMI, ensuring brand authenticity and preventing impersonation.
  • Alternative Certifications: There are no alternative certifications or workarounds to replace a validly registered logo trademark for VMC issuance. Simple copyright or logo presence on other platforms like the Wayback Machine is generally not accepted for full VMC.
  • Conditional Mark Certificates: While a Conditional Mark Certificate (CMC) exists as a temporary option during trademark approval, it is currently only supported in Gmail and does not display the verified tick mark. This is not a substitute for a VMC.

What email marketers say

14 marketer opinions

Achieving a Verified Mark Certificate (VMC) for BIMI demands precise trademark compliance, primarily requiring a registered logo or figurative trademark. This registered mark must originate from an Intellectual Property (IP) office that is explicitly recognized by the Certificate Authorities (CAs) responsible for VMC issuance. While trademarks from various global jurisdictions can qualify, their respective IP offices must be on the CAs' approved list, meaning less internationally recognized offices are typically not accepted for VMC purposes. It is critical to understand that common-law trademarks, pending applications, simple copyrights, or basic brand names do not meet the stringent VMC criteria, as there are no direct alternative certifications for obtaining a full VMC. Although a Conditional Mark Certificate (CMC) offers a provisional solution during the trademark application process, it is limited in scope, currently only supported by Gmail, and crucially, does not display the coveted verified tick mark.

Key opinions

  • VMC Requires Registered Logo: BIMI's Verified Mark Certificate (VMC) strictly mandates a registered figurative or logo trademark, word marks and unregistered designs are generally insufficient.
  • Recognized IP Offices: Trademark registration for VMC must be issued by an Intellectual Property (IP) office explicitly approved by VMC-issuing Certificate Authorities (CAs).
  • No True VMC Alternatives: There are no alternative certifications or workarounds like simple copyrights, common-law trademarks, or pending applications that can replace a registered logo trademark for VMC.
  • CMC's Limited Role: The Conditional Mark Certificate (CMC) serves as a temporary option during trademark approval, primarily supported in Gmail, and does not provide the verified tick mark of a full VMC.
  • Exact Logo Match: The logo displayed via BIMI must be an exact match to its registered trademark, a crucial step for brand authentication.

Key considerations

  • Secure a Logo Trademark: For a BIMI VMC, ensure your brand's logo is officially registered as a figurative or graphic trademark, as standard word marks typically do not qualify.
  • Verify IP Office Recognition: Confirm that the Intellectual Property (IP) office where your logo trademark is registered, or where you plan to register it, is recognized and approved by VMC-issuing Certificate Authorities.
  • No Substitute Certifications: Be aware that certifications like simple copyright or common-law trademarks are not acceptable alternatives for obtaining a full BIMI VMC.
  • CMC as a Provisional Option: While a Conditional Mark Certificate (CMC) can be used during trademark approval, understand its limitations, including its current support only in Gmail and the absence of a verified tick mark.
  • Logo Consistency: The logo you intend to display with BIMI must precisely match your registered trademark to meet VMC requirements and avoid potential issues.

Marketer view

Email marketer from Email Geeks explains that for a BIMI Verified Mark Certificate (VMC), a trademark registration from any jurisdiction is acceptable, citing examples of customers using faster processes in Germany. He also clarifies that the trademark must precisely match the logo intended for use.

2 May 2023 - Email Geeks

Marketer view

Email marketer from Email Geeks shares that an alternative type of certificate exists for BIMI where trademark is not strictly required, and logo presence on pages like Wayback Machine could suffice.

16 Mar 2022 - Email Geeks

What the experts say

2 expert opinions

Securing a Verified Mark Certificate (VMC) for BIMI requires a brand's logo to be a registered trademark. Crucially, this registration must be with a trademark office that is explicitly recognized and approved by the Certificate Authorities (CAs) responsible for issuing VMCs. This means that while many jurisdictions offer trademark registration, only a select group of global intellectual property offices, such as the USPTO, EUIPO, and UK IPO, are accepted for VMC purposes. There are no alternative certifications or unapproved jurisdictions that can fulfill the stringent trademark requirements for a full BIMI VMC.

Key opinions

  • Trademark Jurisdiction is Key: For BIMI VMC, a logo's trademark must be registered within a specific jurisdiction that is officially recognized by the Certificate Authorities (CAs) issuing VMCs.
  • Limited Accepted Offices: Only certain global trademark offices, such as the USPTO, EUIPO, and UK IPO, are pre-approved by VMC Certificate Authorities; not all trademark registrations globally are accepted.
  • No Alternative Certifications: There are no alternative certifications or unapproved jurisdictions that can substitute for a registered trademark from a CA-recognized office to obtain a full BIMI VMC.

Key considerations

  • Verify CA-Recognized Jurisdiction: Before pursuing a VMC, confirm that your logo's trademark registration is from a jurisdiction explicitly recognized by the VMC-issuing Certificate Authorities, as not all global trademark offices are accepted.
  • Understand CA's Authority: Be aware that the Certificate Authorities (CAs) have the sole discretion to determine which trademark offices and jurisdictions are acceptable for BIMI VMC, and this list is not exhaustive of all international trademark registrations.
  • No Unapproved Alternatives: Do not expect alternative certifications or trademark registrations from jurisdictions not explicitly approved by CAs to qualify for a full BIMI VMC.

Expert view

Expert from Spam Resource explains that for BIMI VMC, a logo must be a registered trademark within a jurisdiction that is recognized by the Certificate Authorities responsible for issuing Verified Mark Certificates (VMCs). This indicates that not all trademark jurisdictions are acceptable, only those approved by the CAs.

7 Mar 2022 - Spam Resource

Expert view

Expert from Word to the Wise specifies that a logo for BIMI VMC must be a registered trademark with a recognized trademark office, listing examples such as USPTO, EUIPO, and UK IPO. They clarify that the Verified Mark Certificate (VMC) Certificate Authorities are the entities that determine the list of acceptable trademark offices, meaning only their pre-approved jurisdictions can be used, not just any alternative certification.

5 Oct 2022 - Word to the Wise

What the documentation says

5 technical articles

To qualify for a BIMI Verified Mark Certificate (VMC), stringent trademark requirements dictate that a brand's logo must be a registered figurative- or logo-trademark. This registration is exclusively accepted from a select list of Intellectual Property (IP) offices that are officially recognized by the Certificate Authorities (CAs) issuing VMCs. Crucially, this means that only globally recognized IP offices- such as the USPTO, EUIPO, and UKIPO- are typically approved, and there are no alternative certifications or unapproved jurisdictions that can fulfill these non-negotiable requirements for a full VMC. Word marks, pending applications, common-law trademarks, or simple copyrights do not meet the criteria.

Key findings

  • Registered Logo Trademark is Mandatory: For a BIMI VMC, the brand's logo must be an active, registered figurative trademark, with word marks or pending applications generally not accepted.
  • CA-Approved IP Office Required: Trademark registration must originate from a specific Intellectual Property office explicitly recognized and approved by the VMC-issuing Certificate Authorities.
  • No Unapproved Alternatives: There are no alternative certifications or unapproved jurisdictions that can substitute for the required logo trademark from a CA-recognized IP office for full VMC issuance.

Key considerations

  • Verify Trademark Type and Status: Ensure your logo is registered as a figurative trademark and is active, as word marks or pending registrations are not accepted for BIMI VMC.
  • Confirm IP Office Recognition: Before or during trademark registration, confirm that your chosen Intellectual Property office is on the approved list of VMC Certificate Authorities to avoid issues with VMC issuance.
  • Avoid Non-Compliant Alternatives: Do not pursue alternative certifications or trademark registrations in jurisdictions not explicitly approved by CAs, as they will not qualify for a full BIMI VMC.

Technical article

Documentation from BIMI Group Official Website explains that for a Brand Indicator for Message Identification (BIMI) Verified Mark Certificate (VMC), the organization's logo must be a registered trademark with a recognized Intellectual Property (IP) office. This requirement is fundamental to ensuring brand authenticity and trust.

9 Jun 2022 - BIMI Group Official Website

Technical article

Documentation from DigiCert Support details that only registered figurative (logo) trademarks from a select list of Intellectual Property offices are accepted for BIMI VMC issuance. This list includes major offices like the USPTO, EUIPO, UKIPO, CIPO, IP Australia, and others, ensuring the global recognition and validity of the trademark.

13 Feb 2024 - DigiCert Support

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