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IPA trademark 11.-transmission-of-certification-trade-marks
IPA trademark 11.-transmission-of-certification-trade-marks — IP Australia Trade Marks Manual of Practice and Procedure – 35.11. Transmission of certification trade marks
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Trade Marks Act 1995
Trade Marks Regulations 1995
There are no provisions under the Trade Marks Act 1995 requiring consent from the Commission before the transmission of a certification trade mark, whether registered or the subject of an application for registration. Transmission of a certification trade mark is most likely to occur by operation of law and there is then no basis for obtaining consent. Sections 180 and 180A deal only with assignment, as does regulation 10.1 (as amended by Trade Marks Amendment Regulations 2001 (No. 3) ).
The process of recording transmission of a certification trade mark is covered in Part 43 of the Manual.
Part 43 Assignment and Transmission - 7. Transmission of certification trade marks
