6.4.2 When the owner may certify goods and services

The draft regulations must contain provisions that relate to the circumstances when the owner is to certify goods or services.³⁶

The draft regulations must specify the goods and services in relation to which the mark may be used. The goods or services being certified should reflect the goods or services specified in the application form.

The characteristics in respect of which goods and services are to be certified must be defined as precisely as the nature of the goods or services allow. These characteristics must be based on objective criteria and must not be matters of largely subjective criteria such as “good design” or “good practice”.

This is of high importance for certification marks as any person should be able to see exactly what is required in order for goods or services to qualify to use the mark.

In practice, the examiner will not get too involved in assessing this or technical requirements for authorised use of the mark as the regulations and the registration are open to cancellation or alteration.³⁷

Footnotes

³⁶ Section 55(2) (a) (i) of the Trade Marks Act 2002.

³⁷ Section 63 of the Trade Marks Act 2002.