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6. Additional examination requirements
Up one levelThe Examiner must take into account the additional requirements for certification marks provided for under sections 54 to 56 of the Act and regulations 57 and 58 of the Regulations. Certification marks that have been accepted overseas must still meet the criteria of the Act.
The following requirements must be satisfied before a certification mark may be accepted:
- Whether or not the certification trade mark should indicate that it is such a trade mark;28
- Whether the applicant is competent to certify the goods or services in respect of which the certification mark is to be registered;29
- Whether the draft regulations are satisfactory;30 and
- Whether in all the circumstances the registration applied for would be in the public interest.31
Footnotes
28 Section 55(1)(b) of the Trade Marks Act 2002.
29 Section 55(1)(c) of the Trade Marks Act 2002.
30 Section 55(1)(d) of the Trade Marks Act 2002.
31 Section 55(1)(e) of the Trade Marks Act 2002.
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