TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 183 Ground for rejecting an application-certification trade mark not distinguishing certified goods or services

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 183

183.(1) In addition to any other ground on which it may be rejected, an
application for the registration of a certification trade mark must be
rejected if the trade mark is not capable of distinguishing goods or services
certified by the applicant or an approved certifier from goods or services not
so certified.
Note 1: For "approved certifier" see paragraph 182(2)(a). Note 2: Division 2
of Part 4 sets out the grounds for rejecting an application, but section 40
does not apply to certification trade marks (see section 178).

(2) In deciding whether or not the certification trade mark is capable of so
distinguishing goods or services certified by the applicant or an approved
certifier, the Registrar must take into account:

   (a)  the extent to which the certification trade mark is inherently adapted
        so to distinguish those goods or services; or

   (b)  the extent to which, because of its use or of any other circumstances,
        the certification trade mark has become adapted so to distinguish.