7. Opposition to the registration of a certification trade mark

Date Published

The publication of the Commission’s initial assessment is to allow interested parties to support or oppose the acceptance of the trade mark on the basis of matters contained in the rules.  Once acceptance of the certification trade mark is advertised, its registration may only be opposed on the grounds provided for in the Trade Marks Act 1995. Section 57 provides that a trade mark may be opposed on any of the grounds for rejection of an application under the Act and Regulations and this includes a ground under section 41.  However, section 41 does not apply to certification trade marks and the comparable ground for opposing a certification trade mark is provided by section 177.