Commonwealth Consolidated Acts

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Assignment of unregistered certification trade mark

  (1)   If:

  (a)   an application has been made for the registration of a certification trade mark; and

  (b)   a copy of the application has been sent to the Commission, but the certification trade mark has not been registered;

the certification trade mark may be assigned only with the consent of the Commission.

  (2)   An application to the Commission for its consent to the assignment of a certification trade mark must be in accordance with the regulations.

  (3)   In deciding whether or not to give its consent, the Commission must have regard to the matters provided for under the regulations.

  (4)   An application may be made to the Administrative Appeals Tribunal for the review of a decision of the Commission refusing to give its consent.

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