A certification trade mark allows traders to represent that a good or service has met a particular standard.
Part 16 of the Trade Marks Act 1995 (“the Act”) provides for the registration of certification marks. Certification marks follow a similar process to registration as a standard trade mark application with the additional requirement to file rules governing the use of certification marks which is firstly assessed by IP Australia and referred to the Australia Competition and Consumer Commission for their assessment and approval before the trade mark can be accepted for registration. Section 173 of the Act requires that the rules must specify:
- the requirements (the certification requirements ) that goods and/or services must meet for the certification trade mark to be applied to them; and
- the process for determining whether goods and/or services meet the certification requirements; and
- the attributes that a person must have to become a person (an approved certifier ) approved to assess whether goods and/or services meet the certification requirements; and
- the requirements that a person, who is the owner of the certification trade mark or an approved user, must meet to use the certification trade mark in relation to goods and/or services; and
- the other requirements about the use of the certification trade mark by a person who is the owner of the certification trade mark or an approved user; and
- the procedure for resolving a dispute about whether goods and/or services meet the certification requirements; and
- the procedure for resolving a dispute about any other issue relating to the certification trade mark.
Those rules must be provided with the trade mark application or as soon as possible after filing.
Irish Bentley Lawyers have significant experience in intellectual property law. We are able to assist at the onset of a future business endeavour and at all stages of intellectual property protection.
Please note that the above does not constitute legal advice and Irish Bentley Lawyers make no representations or warranties as to the accuracy of any of the information contained herein. If you have a trade mark issue, then please do not hesitate to contact the team at Irish Bentley Lawyers – there is no substitute for proper legal advice based on your individual and unique circumstances.