Trade marks are used to distinguish the goods and services of one business from those of another business.
The certification trade mark is one type of trade mark. It's a special logo that shows consumers that a product or service meets a particular standard.
These standards usually relate to matters like:
All certification trade marks must have rules about how the logo can be used.
Certification trade marks must be approved by the ACCC. The Certification trade mark rules checklist describes the requirements that must be met.
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Woolmark trade mark |
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Australian Made trade mark |
Under the Trade Marks Act 1995, the ACCC must be satisfied that certain criteria are met before a certification trade mark can be registered.
Trade marks can be registered under the Trade Marks Act 1995, which sets out the rights that registration provides. Specifically, registration provides certification trade mark owners with the exclusive right to:
Although the ACCC approves certification trade marks, the application to register is made to IP Australia.
Apply to the Registrar of Trade Marks at IP Australia, attaching a:
The Registrar assesses the application against general trade mark requirements.
If an application complies with these requirements, the Registrar sends it to the ACCC for assessment, along with the certification trade mark rules and checklist.
When we receive an application, we check the certification trade mark rules and the application more broadly to make sure it:
We make an initial assessment of the application once we receive it from the Registrar.
We must consider the principles relating to competition, unconscionable conduct and consumer protection concerns, as set out in the Trade Marks Act 1995.
We consider whether competition concerns may arise from the certification trade mark rules by assessing whether they require or encourage the user of the trade mark to engage in anti-competitive conduct. This can include provisions which:
The certification trade mark owner and other stakeholders can provide feedback 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.
ACCC approval is required for certification trade marks to:
Applications must be made in writing to the ACCC (not IP Australia).
The application must include:
Send the application by email to ctms@accc.gov.au. Alternatively, submit the application by post or in person at an ACCC office.
The full assessment process is completed for an application to vary. This is the same process as the one used for new certification trade mark applications.
Applications must be made in writing to the ACCC (not IP Australia).
The application must:
Send the application by email to ctms@accc.gov.au. Alternatively, 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.
An initial assessment for public consultation is not required for assignment unless changes to the certification trade mark rules are involved. In this case, we follow the full assessment process for certification trade mark rules.