Act 17
Trademarks Act
2010
(4) A mark shall not be registrable under subsection (3) in the
name of a person who is connected in the course of business with the
provision of services of the kind certified.
(5) In determining whether a mark is adapted to distinguish goods
or services, the registrar may have regard to the extent to which—
(a) the mark is inherently adapted to distinguish goods or
services in relation to the goods or services in question; and
(b) by reason of the use of the mark or of any other circumstances,
the mark is in fact adapted to distinguish goods or services in
relation to the goods or services in question.
(6) The fact that a mark consists of signs or indications which may
serve, in trade, to designate the geographical origin of goods or services
shall not preclude it from being registered as a certification trademark in
Part A of the register in respect of those goods or services.
(7) Nothing in this Act shall entitle the owner of a certification
trademark that consists of signs or indications described in subsection
(6) to interfere with or restrain the use by any person of signs or
indications the use of which is in accordance with honest practices in
industrial or commercial matters.
14. Application for registration of a certification mark.
(1) An application for the registration of a mark under section 13
shall be made to the registrar in writing in the prescribed manner by
the person proposed to be registered as the owner.
(2) An applicant for the registration of a mark under this section
shall send to the registrar draft regulations for governing the use of the
mark, which shall include provisions as to the cases in which the owner
is to certify goods or services and to authorise the use of the mark and
may contain other provisions that the registrar may require or permit to
be inserted including provisions conferring a right of appeal to the
registrar against any refusal of the owner to certify goods or services or
to authorise the use of the mark in accordance with the rules.
(3) The rules, if approved, shall be deposited with the registrar and
shall be open to inspection in the same manner as the register.
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