ACCC proposes not to approve animal welfare certification trademark application

The ACCC has made an initial assessment proposing to reject Humane Farm Animal Care’s application to register a certification trade mark (CTM application no.1914662). The mark consists of a rectangle bearing the words ‘CERTIFIED HUMANE’ above an image of rolling hills. Applying the mark is intended to certify that meat, poultry, egg and dairy products bearing the mark have complied with Humane Farm Animal Care’s animal care standards for raising, handling and processing a wide variety of livestock and poultry.

Broadly, the ACCC is concerned that Humane Farm Animal Care’s animal care standards are inconsistent with what a reasonable consumer in Australia would expect regarding the humane treatment of animals. There is also a high degree of uncertainty regarding the eligibility and requirements for the CTM’s use by livestock producers in the Australian context.

The ACCC invites submissions in response to this initial assessment by 10 April 2020. HFAC and interested parties have one calendar month from the date IP Australia publishes the ACCC’s Initial Assessment in the Official Journal of Trademarks to lodge written submissions and/or call a conference in relation to the initial assessment.

Further information regarding the ACCC’s assessment is available in the Initial Assessment Statement Reasons, on the public register at: Humane Farm Animal Care - CTM application - 1914662.

 

Published date: 
3 March 2020

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