5.3.1 Additional distinctiveness considerations

When considering eligibility under section 18 of the Act, the Examiner should take into account section 14 of the Act and the definition of a certification trade mark under section 5 (1) of the Act.

In particular, the Examiner should assess the distinctiveness requirement set out in section 18 (1) (b) by keeping in mind the nature of a certification mark, in that the mark must be capable of distinguishing the goods and services certified by the applicant from goods or services not so certified.²⁴

Certification marks distinguish goods or services certified in respect of origin, material, mode of manufacture, quality, accuracy, performance, or other characteristics. This contrasts to the test for distinctiveness of a standard trade mark, as a standard trade mark must simply be capable of distinguishing the goods and services of a single party from those of another.

Footnote

²⁴ Section 5(1) of the Trade Marks Act 2002.