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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 173

Rules governing the use of certification trade marks
173. (1) A person who has filed an application for the registration of a
certification trade mark must, in accordance with the regulations, file a copy
of the rules governing the use of the certification trade mark. The copy of
the rules is to be filed in addition to any document prescribed under
subsection 27(2). Note: For file see section 6.

(2) The rules are to include provisions regarding:

   (a)  the persons (approved certifiers) who may be approved for the purpose
        of certifying goods and/or services; and

   (b)  the cases in which goods or services are to be certified; and

   (c)  the conditions under which an approved user is to be allowed to use
        the certification trade mark in relation to goods or services; and

   (d)  the use of the certification trade mark by the owner (if he or she
        intends to use it) and any approved user; and

   (e)  the settlement of any dispute arising from a refusal:

        (i)    to certify goods or services; or

        (ii)   to allow the use of the certification trade mark; and any other
               provision that the Commission requires or permits to be
               inserted. Note: For approved user see section 172. 


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