Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p59
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 148026–150822

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 Registrar and the registered owner, in writing, of its decision not to approve a variation of the rules.
 (4) The Registrar must publish in a computer database maintained by the Trade Marks Office notice of the Commission's decision to approve or not approve a variation of the rules.
 (5) The notice published under subregulation (4) must include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the ART for review of the decision to which the notice relates.
Note: registered owner is defined in section 6 of the Act.

16.10A  Assignment of unregistered certification trade marks
 (1) An application to the Commission for its consent to the assignment of an unregistered certification trade mark must:
 (a) be made by the applicant for registration 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, after assignment, to apply the same rules governing use of the certification trade mark that the applicant for registration applies, or proposes to apply; and
 (d) if the prospective assignee does not propose 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 apply the same rules governing use of the certification trade mark as the applicant for registration of the trade mark applies, or proposes to apply, 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.

16.11  Assignment of registered certification trade marks
 (1) An application to the 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;