Chapter IX - Certification Trade Marks
Section 71
Section 71: Certification-mark applications
A certification-mark application must be made by the proposed proprietor and include draft use regulations.
On this page
Need advice on Section 71?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft for the regulations to be deposited under section 74.
(2) Subject to the provisions of section 70, the provisions of sections 18, 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application.
(3) In dealing under the said provisions with an application under this section, the Registrar or the High Court, as the case may be, shall have regard to the like considerations, so far as relevant, as if the application were applications under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark.
Rule and business relevance
Subject to section 70, sections 18,19 and 22 apply with the specified modification from acceptance to authorisation to proceed. The relevant considerations include whether the mark should indicate its certification character.
Limits and related provisions
Do not confuse permission to proceed with final registration or omit the draft regulations. The special eligibility and review stages still apply.
Hypothetical business example
Hypothetical example: A standards organisation submits a proposed certification mark with draft regulations explaining when certification and use will be authorised.
Practical decision flow
Confirm applicant eligibility under section 70.
Prepare the prescribed application and draft regulations.
Review certification character and the modified general application procedure.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Confirm applicant eligibility under section 70.
- Prepare the prescribed application and draft regulations.
- Review certification character and the modified general application procedure.
Avoid
- Do not confuse permission to proceed with final registration or omit the draft regulations. The special eligibility and review stages still apply.
Glossary
- Authorisation to proceed
- The modified meaning of acceptance specified for this application process.
- Draft regulations
- The proposed rules to be deposited under section 74.
Frequently asked questions
Who applies?
The person proposed to be registered as proprietor.
Are draft regulations required?
Yes. They accompany the application.
Do general application provisions have any role?
Sections 18,19 and 22 apply as modified and subject to section 70.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026