5. General examination

A collective mark application is examined in the same way as a standard trade mark application to determine whether it complies with the requirements of the Act.¹⁷ Under section 13(2) of the Act, a trade mark is registrable where:

• The application is made in accordance with the Act;
• All prescribed fees have been paid in respect of the application; and
• The Commissioner is satisfied that there are no absolute or relative grounds that would prevent the registration of the trade mark.

However, when examining a collective mark, the Examiner must take into account the additional requirements under regulations 44 and 59 of the Regulations.

The examination of a collective mark must also be performed in light of the nature of collective marks as provided for in sections 5 and 15 of the Act. Particular considerations under section 18 and section 25 of the Act relevant to collective marks are discussed below.

Footnote

¹⁷ Section 39 of the Trade Marks Act 2002.