6.4 Examination of the draft regulations

The applicant must provide draft regulations that govern the use of the certification mark for the Commissioner’s approval. ³³ Although the draft regulations must be submitted within six months of the date of application, the applicant has 12 months from the date of application to modify the draft regulations in response to any advice the Commissioner may give as to their suitability.³⁴

Upon receipt, the Examiner will review the draft regulations and determine whether they comply with the requirements specified in section 55 of the Act. All criteria stipulated below will be examined when IPONZ receives the draft regulations.

Once the draft regulations are approved, IPONZ will make them available for public inspection. As the draft regulations must be open to public inspection the applicant must provide the draft regulations in a readable form.³⁵

Footnotes

³³ Section 54 of the Trade Marks Act 2002.

³⁴ Regulation 58 of the Trade Marks Regulations 2003.

³⁵ Section 56 of the Trade Marks Act 2002.