11. Transmission of certification trade marks

Date Published

There are no provisions under the Trade Marks Act 1995 requiring consent from the Commission before the transmission of a certification trade mark, whether registered or the subject of an application for registration.  Transmission of a certification trade mark is most likely to occur by operation of law and there is then no basis for obtaining consent.  Sections 180 and 180A deal only with assignment, as does regulation 10.1 (as amended by Trade Marks Amendment Regulations 2001 (No. 3)).  

The consent of the Commission in relation to the transmission of certification trade marks was considered in relation to trade mark number 185835. In this instance, a request had been made to record transmission of a registered certification trade mark due to the privatisation by statute of the registered owner. It was decided that change of ownership by transmission could not be subject to consent by the Commission.

The process of recording transmission of a certification trade mark is covered in Part 43 of the Manual.