35.12. Rectification of the Register and variation of rules by order of the court

Trade Marks Act 1995  

Trade Marks Regulations 1995 

The grounds for rectification set out in Division 2 of Part 8 of the Act apply to certification trade marks, noting that section 177 applies to certification trade marks instead of section 41.

Section 181(2) sets out additional grounds on which a certification trade mark may be cancelled or an entry in the Register may be removed or amended by order of a prescribed court.

12.1 A person aggrieved may apply to the court requesting cancellation of a certification trade mark or the removal of or amendment to an entry in the Register relating to that trade mark on the grounds that:

• the registered owner or an approved certifier is no longer competent to certify any of the goods and/or services in respect of which the trade mark is registered; or
• the rules governing the use of the certification trade mark are detrimental to the public; or
• the registered owner or an approved user has failed to comply with a provision of the rules governing the use of the certification trade mark (section 181(2)).

12.2 The Registrar must comply with any order made by a prescribed court (section 181(6)).

12.3 The rules governing the use of a certification trade mark may, on application of a person aggrieved, be varied by a prescribed court (section 182(1)).

12.4 If the court orders that the rules are to be varied, the registered owner of the certification trade mark must give to the Registrar a true copy, certified by the Commission, of the rules as varied (section 182(5)).