35.10. Assignment of unregistered certification trade marks

Date Published

A certification trade mark whose registration is being sought may be assigned subject to the requirements of section 180A.

10.1 A certification trade mark which is the subject of an application for registration may be assigned without the consent of the Commission, provided that the assignment occurs before the rules and other documentation have been sent to the Commission under section 174(1).  In those circumstances, an application under section 107 for recordal of the assignment will be processed in the normal way.  If the application is later referred to the Commission under section 174(1), the assignment documents will be sent with the other documents referred to in reg 16.2.

10.2 If an application to record assignment is received after the documentation required under reg 16.2 has been sent to the Commission but before the trade mark has been registered, the assignment will not be recorded unless the applicant provides evidence that the Commission has consented to the transfer of ownership.  

Section 180A provides that once the documents have been sent to the Commission under section 174(1) a certification trade mark may only be assigned with the consent of the Commission.  The procedure for seeking the Commission's consent is similar to that for a registered certification trade mark and is covered by reg 16.10A.

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