6.4.3 When the owner may authorise use of the mark

The draft regulations must contain provisions that relate to the circumstances when the owner is to authorise the use of the trade mark.³⁸

There must not be any discrimination in authorising the use of the mark. Any persons in New Zealand trading in goods and services with the required characteristics should be eligible for authorisation to use the mark. This is provided that they can and do comply with the regulations. The regulations must not restrict use of the mark to any particular group drawn from traders qualified to use the mark.

These provisions must be based on objective criteria to ensure that the regulations clearly state the characteristics to be certified and be capable of objective assessment. Users of the trade mark must be left in no doubt as to the criteria that they must meet in order to be able to use the certification mark.

Although the certification mark must be open for use by any persons competent to produce goods of the required standard, use of the mark will be restricted to those persons authorised by the owner of the mark in accordance with the objective criteria set out in the regulations.

The regulations should require the owner of the certification mark to keep a register of all the authorised users of the mark and must state that the register will be made available at the owners’ head office. They should also state what information is to be entered in the register and indicate that the register is open to public inspection by the public on reasonable terms.

Footnote

³⁸ Section 55(2) (a) (ii) of the Trade Marks Act 2002.