Quality seals and certificates in advertising under the UWG

No. 2 of the UWG Annex covers the use of quality marks, certification marks or similar signs without the required permission. No. 4 addresses a claim that a business, its commercial practices or a product has been approved, endorsed or authorised by a public or private body when this is untrue. The same provision applies where the conditions of a genuine approval are not met.

Section 2 UWG remains relevant as well. It identifies characteristics of tests and investigations, statements or symbols relating to sponsorship and approval, and awards and distinctions as possible subjects of misleading conduct. The issue is whether incorrect information or the overall impression is capable of causing a market participant to make a transactional decision that would not otherwise have been made.

The blacklist in the Annex is tailored to commercial practices directed at consumers. The same assessment should not be transferred mechanically to advertising aimed solely at businesses. False certification claims may still be relevant under the general UWG rules. Audience, message and market connection must therefore be identified at the outset.

Permission is not a general licence for every use. Many seals may be used only for a named business, a particular product line, one site or a tested process. Applying the mark to other goods, group companies or new packaging may exceed the approval actually granted.

Graphic use may also be regulated. Size, colour, accompanying wording, registration number, reference and proximity to the tested product may form part of the terms. A genuine seal can therefore be used misleadingly if its placement in a shop or on an overview page communicates a much broader endorsement than the permission supports.

The approval file should contain more than the certificate. It should include the complete agreement or rules of use, annexes defining the product scope, term, renewal, testing scope and permitted channels. Only then can the exact advertisement, packaging or landing page be assessed against the permission.

A certificate may concern safety, material, a manufacturing process, a management system, service quality or only one testing step. The advertising must respect that boundary. Testing a component does not automatically endorse the entire final product. Certification of a management system is not necessarily a quality judgment on every individual service.

Headline, image, logo and accompanying text form one overall impression. A precise qualification may explain a claim where it is clear, timely and readily legible. A remote footnote cannot reliably correct an unqualified main claim. This is especially important on packaging, in search advertisements and in short social media formats.

The advertising claims self-check helps organise the type of claim, audience, evidence and visible qualifications. For a quality seal, the file should also record which independent body conducted the review, what was examined and where the audience can find that information directly.

Many certificates remain valid only until a specified date or require periodic review. Others may be used only while the production process, supply chain or quality management remains unchanged. If the endorsement expires or the conditions change, the advertising must be adjusted in time.

Decentralised advertising channels are particularly vulnerable. A seal may be removed from the main website while remaining in old product images, distributor material, automated advertisements, marketplace profiles or presentation templates. Businesses need an inventory of every approved version and channel, with clear responsibility for expiry and removal.

If permission is restricted, suspended or withdrawn, the notice, date and affected products belong in the file. The next step is to establish which advertising remained visible or continued to be delivered. A later approval must not be treated retrospectively as evidence for earlier uses.

Not every round logo is a quality seal. Businesses may label their own product lines, internal categories or voluntary programmes. The design becomes problematic where the audience understands an independent test, official recognition or external quality control that does not exist.

Name, design, accompanying text and placement are decisive. Expressions such as “tested”, “certified”, “official”, “recognised” or “recommended” may suggest an external body. The fact that a symbol was designed internally does not remove that impression. Conversely, a factual internal label need not be unlawful where its origin and assessment standard remain clear.

Awards from competitions, rankings or customer surveys also require precise attribution. Year, category, selection, organiser and product must not be shortened into a general current endorsement. The canonical article on misleading commercial practices under section 2 UWG explains the general test. This article remains limited to seals, certificates and approval conditions.

After a challenge, preserve the complete letter, service date and every advertising version identified. Then collect permission, terms of use, certificate, testing report and correspondence with the seal owner. A requested undertaking should not be signed merely because the seal was removed as a precaution.

The article on a UWG cease and desist letter from a competitor or association explains the separate review of the claim, undertaking and evidence. For possible interim relief, the topic on injunctions and interim relief covers risk of repetition, protective objective and documentation.

When reviewing a competitor’s use, a screenshot of the logo alone is insufficient. The complete page, product attribution, date, visible explanation and reliable information from the seal owner are needed. Public accusations such as “fake seal” should not be made without a secure factual basis because they may trigger a separate competition dispute.

Useful material includes every advertising version with its publication date and channel, the certificate, permission, complete terms of use, testing reports, invoices and correspondence about validity. Add a list of products, sites and group companies where the seal was actually used.

Prepare a timeline covering application, test, grant, renewal, amendment and possible withdrawal. Record who approved the advertising material and when each version was delivered. Separate unchanged original documents from later explanations or assumptions.

If a cease and desist letter, claim or court decision already exists, provide the complete document, every attachment and proof of service. Specific deadlines must be taken from the particular document. A general article cannot determine a reliable deadline for an individual case.