36
Trademarks
No. 2
PARAGRAPHS
8.
9.
10.
11.
12.
Application
for
registration
Submission
of draft rules
Rules to
indicate use
of
certification
marks
Acceptance
of rules
Factors to be
considered on
registration of
certification
marks
Certification mark not to be registered without rules
Alteration of rules
Alteration of rules to be advertised
Variation of rules
Registrar with no authority to award costs for refusal for use
of certification mark
13. Certification mark not assignable
14. Revocation of certification mark
1. An application for the registration of a certification mark
under section 40 shall be made in writing in the prescribed form to
the Registrar by a person proposed to be registered as the owner
thereof.
2. On application, an applicant for the registration of a
certification mark under section 40 shall transmit to the Registrar,
draft rules for governing the use thereof at such time, as the
Registrar may require in order to enable him to consider the draft,
before the Registrar makes a decision on the application.
3. The rules submitted pursuant to paragraph 2, shall
indicate;__
(a) persons authorized to use a mark;
(b) the characteristics to be certified by the mark;
(c) how a certifying body is to test those characteristics and to
supervise the mark;
(d) the fees, if any, to be paid in connection with the operation
of the mark; and
(e) the procedure for resolving disputes relating to the mark..
4. The Registrar may refuse an application or may accept it and
approve the rules in whole, or subject to any conditions, limitations,
amendments or modifications of the application of the rules, which
he considers appropriate.
5. In dealing with an application under section 40, the
Registrar, or the Appeals Tribunal in the event of an appeal from a
decision of the Registrar, shall have regard to like consideration, so
far as relevant, as if the application were an application made under
section 7 and to any other considerations relevant to applications
under section 40, including the desirability of securing that a
certification mark shall comprise some indication that it is such a
certification mark, and including whether__