Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 177

177. (1) In addition to any other ground on which:

   (a)  an application for the registration of a certification trade mark may
        be rejected; or

   (b)  the registration of a certification trade mark may be opposed; the
        application must be rejected or the registration may be opposed if the
        trade mark is not capable of distinguishing goods or services
        certified by the applicant or an approved certifier from goods or
        services not so certified. Note 1: For applicant see section 6. Note
        2: For approved certifier see paragraph 173(2)(a). Note 3: Division 2
        of Part 4 sets out the grounds for rejecting an application, but
        section 41 does not apply to certification trade marks (see
        section 170).

(2) In deciding whether or not the certification trade mark is capable of so
distinguishing goods or services certified by the applicant or an approved
certifier, the Registrar must take into account:

   (a)  the extent to which the certification trade mark is inherently adapted
        so to distinguish those goods or services; or

   (b)  the extent to which, because of its use or of any other circumstances,
        the certification trade mark has become adapted so to distinguish
        those goods or services.