What the ACCC does

  • We assess the rules that are filed with applications to register new certification trade marks.
  • We assess applications to vary certification trade mark rules or to assign a certification trade mark to a new owner.
  • We work with IP Australia as part of the registration process.

What the ACCC can't do

  • We can't receive applications to register new certification trade marks directly from the owner. New applications must be made to IP Australia.

On this page

About certification trade marks

Trade marks are used to distinguish the goods and services of one business from those of other businesses.

A certification trade mark is a type of trade mark. It is usually a logo, word or phrase that indicates to consumers that a product or service meets a particular standard or has certain qualities or characteristics.

These standards usually relate to matters like:

  • quality
  • composition
  • place of origin
  • manufacturing method
  • suitability for a particular task.

All certification trade marks must have rules containing:

  • the requirements that goods or services must meet to display the mark
  • the way it is decided that the requirements have been met.

There is a process to register new certification trade marks.

Well-known certification trade marks

Wool Mark trade mark Woolmark trade mark
Australian Made trade mark Australian Made trade mark

Registering a certification trade mark

Although the ACCC has a role in the registration of new certification trade marks, the application must be made to IP Australia.

The Certification trade mark rules checklist sets out the matters that trade mark rules must cover. We encourage applicants to complete this checklist and provide it to IP Australia when applying to register a certification trade mark.

The Registrar of Trade Marks at IP Australia assesses the application against general trade mark requirements.

If an application meets these general requirements, the Registrar sends it to the ACCC to assess, along with the certification trade mark rules and checklist.

What happens after we receive an application 

We assess the rules and mark

Before a certification trade mark can be registered by IP Australia, we will assess the rules and mark.

Specifically, we assess whether we're satisfied that:

  • those who will assess whether goods or services meet the certification requirements have the necessary skills to make this assessment
  • the rules won't be to the detriment of the public and are satisfactory for competition, consumer protection, unconscionable conduct and product safety principles in the Competition and Consumer Act 2010.

Some examples where certification trade marks may raise competition issues are where rules:

  • restrict market entry
  • impose restrictions on advertising or marketing
  • set prices for goods and services, or
  • impose geographical boundaries on the use of the mark.

Certification trade marks may raise misleading or deceptive concerns. For example, if:

  • the mark indicates to consumers that a good or service meets a particularly standard, but the requirements don't reflect this standard
  • the assessment process is not adequate or reliable
  • the mark itself is ambiguous, confusing or misleading - that is, consumers might interpret a mark to mean that a good or service meets a different or higher standard than is actually required.

We make an initial assessment before our final assessment

We issue an initial assessment of the application based on our review of the rules and mark.

We notify the applicant and the Registrar of our initial assessment.

A notice of our initial assessment is gazetted by the Registrar of Trade Marks in the Official Journal of Trade Marks. IP Australia manage the gazettal process.

The certification trade mark owner and other stakeholders can give feedback on our initial assessment before we make a final assessment.

Read Certification trade marks—the role of the ACCC to learn more about the assessment process and our role.

Varying or assigning a certification trade mark

Certification trade marks may only be assigned to a new owner or have the rules varied with ACCC approval.

How to apply to vary certification trade mark rules

Applications to vary certification trade mark rules must be made in writing to the ACCC (not IP Australia).

The application must include:

  • a copy of the certification trade mark rules with the proposed variations clearly marked, that includes both deleted and new text
  • an extra copy of the certification trade mark rules as amended without the proposed variations being marked, that is a ‘clean’ copy of the new certification trade mark rules.

Email the application to vary ules to ctms@accc.gov.au. Or, submit the application by post or in person at an ACCC office.

The assessment process for an application to vary rules is the same as a new certification trade mark application. 

How to apply to assign a certification trade mark to a new owner

Applications to assign a certification trade mark to a new owner must be made in writing to the ACCC (not IP Australia).

The application must:

  • include the name, business address and address for service of the organisation to which the proposed certification trade mark is to be assigned
  • state whether the prospective owner proposes to apply the same certification trade mark rules and, if not, state any variation to the rules and include a copy of the certification trade mark rules that the prospective owner proposes to apply after assignment.

Email the application to ctms@accc.gov.au. Or, submit the application by post or in person at an ACCC office.

We are only required to make a final decision on applications for assignment, unless there are changes to the certification trade mark rules . In this case, we follow the same assessment process used for new applications.

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