5.3 Absolute grounds preventing registration

The Commissioner must be satisfied that there are no absolute grounds that would prevent the registration of a collective mark.²² The absolute grounds for not registering a collective mark are set out in sections 17 to 21 of the Act and concern the nature of the mark itself, its ability to distinguish the goods produced or services provided by the members of the association from those of non-members, and other public policy considerations.

A collective mark application is examined in the same way as a standard trade mark application to determine whether it complies with the absolute grounds of refusal in the Act. For more information on absolute grounds that would prevent the registration of a collective mark, please refer to the following Practice Guidelines:

• Absolute Grounds: General
• Absolute Grounds: Distinctiveness
• Absolute Grounds: Chemical Names

Footnote

²² Section 13(2) of the Trade marks Act 2002. The absolute and relative grounds are set out in Part 2 of the Act.