Trade Mark

Certification trade marks (certification marks) denote independent certification by the owner that the goods or services in respect of which they are used possess certain defined characteristics. The Trade Marks Act 2002 (the Act) allows for the registration of a certification mark by including a certification mark within the definition of trade mark.

Section 14 of the Act provides additional provisions that relate to the registrability of certification marks.

Sections 54 to 56 of the Act set out additional matters that relate to certification marks.

Sections 79 and 80 of the Act provide for the alteration of certification mark regulations.

Regulations 57 and 58 of the Trade Mark Regulations 2003 (the Regulations) set out matters relating to applications for certification marks.

A certification mark is a sign certifying that the goods or services in respect of which it is used are of a particular origin, material, mode of manufacture, quality, accuracy, performance, or other characteristic. 1 This differs from a standard trade mark registration whose function is to distinguish the goods or services that originate from a single party.

The Act allows for the registration of a certification mark by including a certification mark within the definition of trade mark. 2 A certification mark is defined in the Act as: 3

certification trade mark means a sign capable of—

(a) being represented graphically; and

(b) distinguishing, in the course of trade,—

(i) goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic from goods not so certified; or

(ii) services certified by any person in respect of quality, accuracy, performance, or other characteristic from services not so certified.

A certification mark denotes independent certification by its owner that the goods and services in relation to which it is used possess certain defined characteristics. A certification mark may be registered in the name of the person who certifies the goods or services.

The owner of a registered certification mark has the same rights as those attached to a standard trade mark registration, including the exclusive right to use, and allow other persons to use, the certification trade mark. However, as the certification of goods or services must be undertaken by an independent organisation, the owner of the certification mark cannot trade in the goods or services concerned.