Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Additional matters that relate to certification trade marks

55: Consideration of application for registration of certification trade mark

You could also call this:

"Checking if a special trade mark application follows the rules and is good for everyone"

When someone wants to register a certification trade mark, the Commissioner or the court needs to think about a few things. They need to look at the same things they would for a regular trade mark application. They also need to decide if the certification trade mark should show that it's a special kind of trade mark.

The Commissioner or court will check if the person applying can properly certify the goods or services the trade mark is for. They'll also look at the rules the applicant has written to see if they're good enough. These rules need to say when the owner will certify goods or services and when they'll let others use the trade mark.

The rules might also need to include other things the Commissioner says are important. For example, they might need to say how someone can appeal if the owner won't certify their goods or services or won't let them use the trade mark.

Finally, the Commissioner or court will think about whether giving this certification trade mark would be good for everyone. They want to make sure it's in the public interest.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164623.

Topics:

Business > Intellectual propertyMāori affairs > Te reo Māori

54: When regulations that govern use of certification trade mark must be provided, or

"Rules for using a special mark must be given before approval"

56: Approved regulations must be deposited at Intellectual Property Office of New Zealand, or

"Rules for using special trademarks must be kept at the NZ trademark office for people to see"

Part 3Process for obtaining registration of trade mark and other matters
Additional matters that relate to certification trade marks

55Consideration of application for registration of certification trade mark

When the Commissioner or the court deals with an application for the registration of a certification trade mark, the Commissioner or the court, as the case may be, must consider—
the matters that are relevant to an application under section 32; and
whether or not the certification trade mark should indicate that it is such a trade mark; and
whether the applicant is competent to certify the goods or services in respect of which the certification trade mark is to be registered; and
whether the draft regulations are satisfactory in terms of subsection (2); and
whether in all the circumstances the registration applied for would be in the public interest.

For the purposes of subsection (1)(d), regulations—
must contain provisions that relate to when the owner is—
1. to certify goods or services; and
2. to authorise the use of the trade mark; and
must contain, or may contain, any other provisions that the Commissioner requires or permits (as the case may be) to be inserted in them (for example, a right of appeal to the Commissioner against the owner's refusal to certify goods or services or to authorise the use of the trade mark in accordance with the regulations).