Chapter IX - Certification Trade Marks
Section 74
Section 74: Certification use regulations
Registered certification marks require filed regulations governing certification and authorisation of use, with public inspection and an alteration process.
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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) There shall be filed at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark, and may contain any other provisions which the Registrar may by general or special order, require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations); and regulations so filed shall be open to inspection in like manner as the register as provided in section 148.
(2) The regulations so filed may, on the application of the registered proprietor, be altered by the Registrar.
(3) The Registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard.
Rule and business relevance
The regulations include the cases in which the proprietor certifies goods or services and authorises mark use. They may include an appeal to the Registrar against refusal as required or permitted. Alteration is by the Registrar on the proprietor’s application; advertised contested changes carry a hearing safeguard.
Limits and related provisions
Do not promise that all schemes automatically have the same appeal or confidential regulations. Read the filed rules and the Registrar’s requirements.
Hypothetical business example
Hypothetical example: A certification body updates its certification criteria and seeks alteration of filed regulations rather than treating its private policy change as sufficient.
Practical decision flow
Read the current filed certification and authorisation rules.
Identify any scheme-specific appeal provisions.
Seek formal alteration and comply with any advertisement, opposition and hearing requirements.
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
- Read the current filed certification and authorisation rules.
- Identify any scheme-specific appeal provisions.
- Seek formal alteration and comply with any advertisement, opposition and hearing requirements.
Avoid
- Do not promise that all schemes automatically have the same appeal or confidential regulations. Read the filed rules and the Registrar’s requirements.
Glossary
- Filed regulations
- The statutory rules governing use of the certification mark.
- Certification refusal appeal
- An appeal provision the regulations may contain within the stated framework.
Frequently asked questions
Are filed regulations open to inspection?
Yes. Inspection follows the section 148 reference.
Can the proprietor change them entirely by private notice?
The section provides alteration by the Registrar on application.
Can an advertised alteration be opposed?
Yes. A timely opposition triggers the stated opportunity to be heard.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026