No. 2
Trademarks
(a) the applicant is competent to certify the goods in respect of
which the mark is to be registered;
(b) the draft rules comply with paragraph (3) and are not
contrary to public policy or morality; and
(c) in all circumstances, the registration applied for would be
in the public interest.
6. A certification mark shall not be registered if the owner
carries on a business involving the supply of goods or services of
the kind certified.
7. When an application has been accepted, the applicant shall,
as soon as possible thereafter, advertise the application as accepted
in the prescribed manner, and section 9 shall have effect in relation
to the registration of the mark as if the application had been an
application under section 7.
8. A certification mark shall not be registered unless the
regulations governing the use of the mark have been deposited
together with the application to register the mark
9. The rules deposited in respect of a certification mark may, on
application by the registered owner, be altered by the Registrar.
10. The Registrar may direct that an application for an alteration
under rule 9 shall be advertised in any case where it appears to him
that it is expedient so to do, and where an application has been so
advertised, if within the prescribed time from the date of the
advertisement, any person gives notice to the Registrar of
opposition to the application, the Registrar shall not decide the
matter without giving the parties an opportunity to be heard.
11. On application, in the prescribed form by any aggrieved
person or on his own motion, the Registrar may make such order as
he considers appropriate for removing or varying any entry in the
Register relating to a certification mark or for varying the deposited
rules on the ground that__
(a) the owner is no longer competent, in the case of any of the
goods or services in respect of which the certification mark is
registered, to certify those goods or services;
(b) the owner has failed to observe a provision of the
deposited rules;
(c) it is no longer to the public interest that the certification
mark should be registered; or
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Certification
marks not to
be registered
in certain
cases
Advertisement of an
application
Certification
mark not to
be registered
without
regulations
Alteration of
rules
Alteration of
rules to be
advertised
Variation of
rules