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6.4.4.2 Right of appeal
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A right of appeal to an independent person (frequently the Commissioner) should be available in the regulations where the owner has refused to certify goods or services in accordance with the regulations or refused to authorise the use of the trade mark in accordance with the regulations or where an entity’s right to use the mark has been cancelled.
However, the Commissioner does not have any jurisdiction to award costs to or against another party against a refusal of the owner of a certification mark to certify goods or services or to authorise the use of the trade mark.40
Footnote
40 See section 208(3)(a) of the Trade Marks Act 2002.
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