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Chapter IX - Certification Trade Marks

Section 73

Section 73: Opposition to certification registration

An accepted certification-mark application is advertised and can be opposed through the section 21 framework.

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Need advice on Section 73?

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.

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Statutory text

Bare law

When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under section 18.

Rule and business relevance

The Registrar advertises the accepted application in the prescribed manner as soon as may be thereafter. Section 21 is expressly applied to the registration process.

Limits and related provisions

Acceptance does not bypass public opposition or guarantee a final certificate. Check current procedural requirements and the actual advertisement date.

Hypothetical business example

Hypothetical example: A certification application is accepted and published. An interested opponent uses the applicable section 21 process instead of assuming certification applications cannot be challenged.

Practical decision flow

Locate the accepted application and advertisement.

Check the applicable opposition procedure and timing.

Track the opposition outcome before relying on final registration.

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

  • Locate the accepted application and advertisement.
  • Check the applicable opposition procedure and timing.
  • Track the opposition outcome before relying on final registration.

Avoid

  • Acceptance does not bypass public opposition or guarantee a final certificate. Check current procedural requirements and the actual advertisement date.

Glossary

Advertisement
Official publication of the accepted application.
Opposition
The challenge process applied through section 21.

Frequently asked questions

Are certification applications open to opposition?

Yes. Section 21 is expressly applied.

Does acceptance itself finish the process?

No. Advertisement and the applicable opposition stage follow.

Where is the application advertised?

In the prescribed manner through the Registry’s official procedure.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026