5. General examination

A certification 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. ¹⁸ Under section 13(2) of the Act, a trade mark is registrable where:

• An application to register the trade mark was 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 certification mark, the Examiner must take into account the additional requirements under sections 54 to 56 of the Act and regulations 57 and 58 of the Regulations.

The examination of a certification mark must also be performed in light of the nature of certification marks as provided for in sections 5 and 14 of the Act. Particular considerations under section 18 and section 25 of the Act relevant to certification marks are discussed below.

Footnote

¹⁸ Section 39 of the Trade Marks Act 2002.