TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 185 Certificate by Commission

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 185

185.(1) The Commission must consider the application and any documents
received under section 184 in accordance with the regulations.

(2) If the Commission is satisfied that:

   (a)  the applicant and the approved certifiers are competent to certify the
        goods and services in respect of which the certification trade mark is
        to be registered; and

   (b)  the rules referred to in section 182 are satisfactory having regard to
        the criteria prescribed for the purposes of this paragraph; and

   (c)  the registration would not be to the detriment of the public; the
        Commission must give a certificate to that effect and send a copy to
        the Registrar. The Commission must also send a certified copy of the
        rules to the Registrar.

(3) The Commission may require the applicant to make amendments or
modifications to the rules as the Commission considers necessary.

(4) If the Commission is not satisfied as set out in subsection (2):

   (a)  the Commission must notify the Registrar in writing; and

   (b)  the Registrar must advertise the matter in the Official Journal in
        accordance with the regulations.

(5) An application may be made to the Administrative Appeals Tribunal for the
review of a decision of the Commission:

   (a)  refusing to give a certificate; or

   (b)  requiring amendments or modifications to the rules governing the use
        of the certification trade mark.