Trade Marks Act 2002

Registrability of trade marks - Preliminary - Registrability of trade marks: general

14: Additional provisions that relate to registrability of certification trade marks

You could also call this:

"Special rules for registering certification trade marks that show approval"

When you want to register a certification trade mark for goods or services, there are some special rules you need to know. A certification trade mark is like a stamp of approval that shows something meets certain standards.

You can register this type of trade mark if you're the person who checks and certifies the goods or services. This means you're the one who makes sure they meet the required standards.

However, there's an important rule to remember. If you own a regular trade mark for the same kind of goods or services, or if you sell these goods or services yourself, you can't register a certification trade mark for them. This is to make sure that the person giving the certification is fair and doesn't have a conflict of interest.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164455.


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13A: Trade mark not registrable if related certification trade mark owned, or

"You can't have a normal trade mark if you already have a special quality-check trade mark for the same things"


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15: Additional provisions that relate to registrability of collective trade marks, or

"Rules for group-owned trade marks"

Part 2Registrability of trade marks
Preliminary: Registrability of trade marks: general

14Additional provisions that relate to registrability of certification trade marks

  1. A certification trade mark in respect of goods or services—

  2. may be registered in the name, as owner, of the person who certifies the goods or services; but
    1. may not be registered in the name of a person who owns a trade mark in respect of, or otherwise carries on trade in, goods or in services of the kind certified.
      Notes
      • Section 14(b): amended, on , by section 126 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).