5.4 Relative grounds preventing registration

²⁵The Commissioner must be satisfied that there are no relative grounds that would prevent the registration of the certification mark.²⁶ The relative grounds for not registering a trade mark are concerned with conflict between the applicant and rights held by other persons, entities or traders and are set out in sections 22 to 30 of the Act.

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

• Relative grounds: Prescribed words and abbreviations
  
• Relative grounds: Names or representations of persons
  
• Relative grounds: Representations of the Royal family
  

• Relative Grounds: Identical and Similar Marks
  
• Relative Grounds: Flags, Armorial Bearings, State Emblems and similar 

Footnotes

²⁵ Practice Guideline Amendment 2006/01, IPONZ Newsletter, February 2006.

²⁶ Section 13(2) of the Trade Marks Act 2002. The absolute and relative grounds are set out in Part 2 of the Act.