Chapter IX - Certification Trade Marks
Section 72
Section 72: Certification competence and public advantage
The Registrar examines certification competence, satisfactory regulations and public advantage before deciding the application.
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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) The Registrar shall consider the application made under section 71 with regard to the following matters, namely:—
(a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered;
(b) whether the draft of the regulations to be filed under section 74 is satisfactory;
(c) whether in all the circumstances the registration applied for would be to the public advantage, and may either—
(i) refuse the application; or
(ii) accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he thinks requisite having regard to any of the said matters.
(2) Except in the case of acceptance and approval without modification and unconditionally, the Registrar shall not decide any matter under sub-section (1) without giving the applicant an opportunity of being heard.
Rule and business relevance
Acceptance can include conditions, limitations or modifications to the application or regulations. Except for unconditional unmodified acceptance and approval, the applicant must have an opportunity to be heard before the decision.
Limits and related provisions
A technically attractive certification label does not itself prove the applicant’s competence or public advantage. Prepare evidence for each statutory consideration.
Hypothetical business example
Hypothetical example: A certification applicant documents its testing capacity and impartial scheme. The Registrar proposes changes to the regulations, and the applicant responds through the hearing process.
Practical decision flow
Evidence the applicant’s competence for the proposed certification.
Test the draft regulations for practical adequacy.
Address public advantage and any proposed conditions or hearing.
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
- Evidence the applicant’s competence for the proposed certification.
- Test the draft regulations for practical adequacy.
- Address public advantage and any proposed conditions or hearing.
Avoid
- A technically attractive certification label does not itself prove the applicant’s competence or public advantage. Prepare evidence for each statutory consideration.
Glossary
- Certification competence
- The capability considered under clause (a).
- Public advantage
- The broader benefit assessed in deciding registration.
Frequently asked questions
Can the Registrar impose modifications?
Yes. The provision permits the specified conditions and changes.
Is a hearing always unnecessary after an application?
No. The statutory hearing protection applies except in the stated unconditional acceptance case.
Are regulations the only consideration?
No. Competence and public advantage are also expressly considered.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026