Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p58
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 145517–148244

maintained by the Trade Marks Office.

16.8  Applications to vary rules
 (1) For the purposes of subsection 178(1) of the Act (which deals with the variation of rules), the registered owner of a certification trade mark may apply to the Commission to approve a variation of the rules governing the use of the certification trade mark.
 (2) An application to approve the variation of the rules governing the use of a registered certification trade mark must:
 (a) be in writing; and
 (b) have with it a copy of the rules governing the use of the registered certification trade mark that incorporate the proposed variation.

16.9  Consideration of applications to vary rules
 (1) The Commission must make an initial assessment of an application for approval of the variation of the rules governing the use of a registered certification trade mark as soon as practicable after it receives the application.
 (2) Subregulations 16.3(2), (3) and (4) and regulation 16.4 apply to an application to approve the variation of the rules governing the use of a registered certification trade mark as if a reference in those provisions to an application for registration of a certification trade mark were a reference to an application to approve the variation of the rules governing the use of a registered certification trade mark.
 (3) Subregulation 16.5(2) applies to a decision whether to approve an application for variation of the rules governing the use of a registered certification trade mark.
Note: Subsection 178(3) of the Act requires the Commission, in deciding whether to approve a variation, to have regard to prescribed criteria, which are the criteria set out in regulation 16.6.

16.10  Decision on variation of rules
 (1) The Commission may approve a variation of the rules if the Commission is satisfied that the rules, as varied:
 (a) would not be to the detriment of the public; and
 (b) are satisfactory having regard to the criteria prescribed in regulation 16.6; and
 (c) provide that the attributes a person must have to become an approved certifier are sufficient to enable the person to assess competently whether goods or services meet the certification requirements.
 (2) If the Commission approves a variation of the rules, the Commission must:
 (a) notify the registered owner, in writing, of its decision to approve a variation of the rules; and
 (b) certify in writing that it is satisfied of the matters mentioned in subsection 178(3) of the Act and in subregulation (1); and
 (c) send a copy of the certificate to the Registrar; and
 (d) send a certified copy of the rules as varied to the Registrar.
 (3) If the Commission decides not to approve a variation of the rules, the Commission must notify the