Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 181

181. (1) Section 88 applies in relation to a certification trade mark as if
"or under section 177" was added at the end of paragraph (2)(a). Note:
Paragraph 88(2)(a) provides that an application to a prescribed court for the
rectification of the Register may be made on "any of the grounds on which the
registration of the trade mark could have been opposed under Division 2 of
Part 5". Section 177 provides an additional ground on which the registration
of a certification trade mark may be opposed.

(2) In addition to its powers under Division 2 of Part 8 (as affected by
subsection (1)) in relation to certification trade marks, a prescribed court
may, on the application of a person aggrieved, order that the Register be
rectified by cancelling the registration of a certification trade mark, or
removing or amending an entry in the Register relating to the certification
trade mark, on the ground that:

   (a)  the registered owner or an approved certifier is no longer competent
        to certify any of the goods and/or services in respect of which the
        mark is registered; or

   (b)  the rules governing the use of the certification trade mark are
        detrimental to the public; or

   (c)  the registered owner or an approved user has failed to comply with a
        provision of the rules governing the use of the certification trade
        mark. Note 1: For prescribed court see section 190. Note 2: For
        approved certifier see paragraph 173(2)(a). Note 3: For approved user
        see section 172.

(3) Notice of an application to the prescribed court must be given to the
Registrar and to the Commission.

(4) Except for cases in which the court directs the Registrar to appear, the
Registrar may appear before the court and be heard at his or her discretion.

(5) Except for cases in which the court directs the Commission to appear, a
delegate of the Commission may appear before the court and be heard at his or
her discretion.

(6) A copy of any order made by the court under this section must be given to
the Registrar and the Registrar must comply with the order.