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10.1 Licensees
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The Act does not allow for the registration of licensees in respect of certification marks. The definition of trade mark in the Act specifically excludes the licensee provisions from certification marks.46
The right to authorise use of a certification mark is limited to the owner of the mark. A third party does not have any right to authorise use of the mark, regardless of the quality or characteristics of the goods or services which it supplies.
Footnote
46 Section 5(1) of the Trade Marks Act 2002.
