Commonwealth Numbered Acts

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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 175

Certificate by Commission
175. (1) The Commission must consider the application and any documents
received under section 174 in accordance with the regulations.

(2) If the Commission is satisfied that:

   (a)  the applicant or the approved certifiers are competent to certify the
        goods and/or services in respect of which the certification trade mark
        is to be registered; and

   (b)  the rules referred to in section 173:

        (i)    would not be to the detriment of the public; and

        (ii)   are satisfactory having regard to the criteria prescribed for
               the purposes of this paragraph; the Commission must give a
               certificate to that effect and send a copy to the Registrar.
               The Commission must also send a certified copy of the rules to
               the Registrar. Note 1: For applicant see section 6. Note 2: For
               approved certifiers see paragraph 173(2)(a).

(3) The Commission may require the applicant to make amendments or
modifications to the rules as the Commission considers necessary.

(4) If the Commission is not satisfied as set out in subsection (2):

   (a)  the Commission must notify the applicant and the Registrar, in
        writing, of its decision not to give a certificate; and

   (b)  the Registrar must advertise the matter in the Official Journal in
        accordance with the regulations.

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


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