55 Consideration of application for registration of certification trade mark

(1)

When the Commissioner or the court deals with an application for the registration of a certification trade mark, the Commissioner or the court, as the case may be, must consider—

(a)

the matters that are relevant to an application under section 32; and

(b)

whether or not the certification trade mark should indicate that it is such a trade mark; and

(c)

whether the applicant is competent to certify the goods or services in respect of which the certification trade mark is to be registered; and

(d)

whether the draft regulations are satisfactory in terms of subsection (2); and

(e)

whether in all the circumstances the registration applied for would be in the public interest.

(2)

For the purposes of subsection (1)(d), regulations—

(a)

must contain provisions that relate to when the owner is—

(i)

to certify goods or services; and

(ii)

to authorise the use of the trade mark; and

(b)

must contain, or may contain, any other provisions that the Commissioner requires or permits (as the case may be) to be inserted in them (for example, a right of appeal to the Commissioner against the owner’s refusal to certify goods or services or to authorise the use of the trade mark in accordance with the regulations).

Compare: 1953 No 66 s 49(5)