Certification trade marks

What is a certification trade mark?

While a standard trade mark is designed to distinguish your goods or services from those of another trader, a certification trade mark indicates that your goods or services have certain qualities or characteristics. It might indicate that it's: 

• Of a particular quality or meets a particular standard
• Made from particular materials or ingredients 
• Manufactured using a particular production method 
• Sourced exclusively from, or made in a specific geographic location. 

Unique rules govern how a certification is used

Certifications can only be registered if you also provide rules to govern how they're used. The rules specify: 

• The standards that the goods or services must meet to use the certification
• The method used to decide if the standards have been met
• The requirements that an approved certifier must meet
• The requirements that the owner of the certification or approved user must meet
• The procedure for resolving disputes about whether goods or services meet the standards
• Any other requirements for use of the certification.

Certification trade marks can be used by multiple businesses at once. You can apply to the owner to use the certification trade mark if you can demonstrate that your goods or services meet the certification rules. If successful, you can use the certification trade mark and advertise your goods or services as meeting the requirements set out in the certification rules.

You can search existing certifications in the Australian Trade Mark Search.

How to apply for a new certification trade mark 

Applying for a certification trade mark is very similar to applying for a standard trade mark. You'll be given the option to select 'certification trade mark' when completing your application online. You'll also need to submit the set of rules governing the use of the certification trade mark.

Once you file your application, we'll examine the trade mark. The certification rules must also be approved by the Australian Competition & Consumer Commission (ACCC) before the certification trade mark can be registered.

How to apply for a trade mark

The examination process 

We'll examine a certification trade mark to determine whether it's registrable. The tests we apply are generally similar to tests for registering a standard trade mark. If we're satisfied the certification trade mark is registrable, we'll provide the rules to the ACCC to review.

Assessment of the rules 

The ACCC will assess and approve the rules for your certification trade mark by:

• Considering whether the rules are likely to be detrimental to the public and whether they're consistent with aspects of Australian trade practices and consumer protection law.
• Issuing an initial assessment and allowing for public submissions before it makes a final assessment.

We may not register a certification trade mark without the ACCC’s approval.

Learn about the ACCC’s role

Post examination

Once we and the ACCC are satisfied that the certification trade mark meets the requirements for registration, it gets accepted and is advertised for opposition.

If no oppositions are filed, or if they're unsuccessful, we'll register the certification trade mark.