SCHEDULE 2 Certification Marks
Trade Marks Act 1994 (1994 c 26) | Legislation

SCHEDULE 2 Certification Marks

Section 50

General

1

The provisions of this Act apply to certification marks subject to the following provisions.

Signs of which a certification mark may consist

2

In relation to a certification mark the reference in section 1(1) (signs of which a trade mark may consist) to distinguishing goods or services of one undertaking from those of other undertakings shall be construed as a reference to distinguishing goods or services which are certified from those which are not.

Indication of geographical origin

3

(1)     Notwithstanding section 3(1)(c), a certification mark may be registered which consists of signs or indications which may serve, in trade, to designate the geographical origin of the goods or services.

(2)     However, the proprietor of such a mark is not entitled to prohibit the use of the signs or indications in accordance with honest practices in industrial or commercial matters (in particular, by a person who is entitled to use a geographical name).

Nature of proprietor's business

4

A certification mark shall not be registered if the proprietor carries on a business involving the supply of goods or services of the kind certified.

Mark not

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