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5.3 Absolute grounds preventing registration
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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.
