NIOSH updated the fraud and fraudulent statements information to include the addition of R95 as a new certification mark registered with the U.S. Patent and Trademark Office (USPTO).

Currently, the marks N95, N99, N100, P95, P100, R95, the NIOSH stylized logo with and without text, and the term “NIOSH Approved” have been recorded with USPTO as certification marks. NIOSH, as the certifying federal entity for the Respirator Approval Program, owns the certification marks meaning that NIOSH controls who can use the marks. Accordingly, NIOSH allows approval holders to use these certification marks only if their respirators meet NIOSH’s regulatory standards set forth 42 C.F.R. Part 84.

Any misuse of the certification marks on products released to the market, including respirators that have failed to satisfy NIOSH’s regulatory requirements or have not received NIOSH approval, is a direct violation of applicable trademark law and NIOSH may pursue action as necessary.

This notice and NIOSH CA 2022-1040 supersede NIOSH CA 2022-1041 and NIOSH CA 2021-1032. For more information, view the NIOSH Conformity Assessment Letter to Manufacturers (CA 2022-1041R1).