Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p60
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 150574–153382

Commission for its consent to the assignment of a registered certification trade mark must:
 (a) be made by the registered owner of the certification trade mark; and
 (b) state the name, address, and address for service of the prospective assignee; and
 (c) state whether the prospective assignee proposes to continue after assignment to apply the same rules governing use of the registered certification trade mark that the registered owner of the trade mark applies; and
 (d) if the prospective assignee does not propose to continue to apply those rules:
 (i) state any variation of the rules that the prospective assignee proposes to apply after assignment; and
 (ii) have with it a copy of the rules incorporating the proposed variation that the prospective assignee proposes to apply after assignment.
 (2) If the prospective assignee does not propose after the assignment to continue to apply the same rules governing use of the registered certification trade mark as the registered owner of the trade mark applies, the Commission must have regard to the following matters in considering an application:
 (a) whether under the proposed rules the attributes a person must have to become an approved certifier are sufficient, in the opinion of the Commission, to enable a person to competently assess whether or not goods or services meet the certification requirements;
 (b) whether the proposed rules would not be to the detriment of the public;
 (c) whether the proposed rules are satisfactory, having regard to the criteria prescribed in regulation 16.6.

16.12  Publication of rules
 (1) The Registrar must publish the rules governing the use of the certification trade mark as soon as practicable after a copy of the rules is filed in accordance with subsection 173(1) of the Act.
 (2) The Registrar must publish the certified copy of the rules, provided to the Registrar by the Commission in accordance with subsection 175(2) of the Act, as soon as practicable after the Registrar publishes acceptance of the application in a computer database maintained by the Trade Marks Office in accordance with regulation 16.7A.
 (3) The Registrar may publish the rules, or the certified copy of the rules, in any manner the Registrar thinks fit, including (but not limited to):
 (a) a listing in a computer database that is publicly available; or
 (b) making the rules or certified copy of the rules available for public inspection.

Part 17—Defensive trade marks

17.1  Evidence in support of applications
  An applicant for registration of a defensive trade mark must file evidence in support of the application at, or as soon as practicable after, the time of filing of the application.

17.2  Defensive trade mark based on protected international trade mark
 (1) This regulation applies if, because of