TRADE MARKS ORDINANCE
Certification Marks
General
1. This Ordinance applies to certification marks subject to the provisions of this Schedule.
Signs of which a certification mark may consist
2. In relation to a certification mark, the reference in section 3(1) of this Ordinance (meaning of “trade mark”) to distinguishing goods or services of one undertaking from those of other undertakings shall be construed as a reference to distinguishing goods or services which are certified from those which are not.
Indication of geographical origin
3. (1) Notwithstanding section 11(1)(c) of this Ordinance (absolute grounds for refusal of registration), a certification mark which consists of a sign which may serve, in trade or business, to designate the geographical origin of goods or services may be registered.
(2) However, the owner of such a certification mark is not entitled to prohibit the use of the sign in accordance with honest practices in industrial or commercial matters, in particular, by a person who is entitled to use a geographical name.
Nature of owner’s trade or business
4. A certification mark shall not be registered if the owner carries on a trade or business involving the supply of goods or services of the kind certified.
Mark not to be misleading as to character or significance
5. (1) A certification mark shall not be registered if the public is liable to be misled as regards its character or significance, in particular, if it is likely to be taken to be something other than a certification mark.
(2) The Registrar may accordingly require that a sign in respect of which an application is made for registration as a certification mark include some indication that it is a certification mark.
(3) Notwithstanding section 46 of this Ordinance (amendment of application), an application may be amended so as to comply with any requirement imposed by the Registrar under subsection (2).
Regulations governing use of certification mark
6. (1) An applicant for registration of a certification mark must file with the Registrar regulations governing the use of the certification mark.
(2) The regulations must indicate—
- (a) the persons authorized to use the certification mark;
- (b) the characteristics to be certified by the certification mark;
- (c) how the certifying body is to test those characteristics and to supervise the use of the certification mark;
- (d) the fees, if any, to be paid in connection with the use of the certification mark; and
- (e) the procedures for resolving disputes.
(3) The rules may impose further requirements with which the regulations must comply.
