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Key considerations when developing a certification trade mark

Published: 10 Dec 2018

On 22 November 2018, the Australian Competition and Consumer Commission (ACCC) released its initial assessment regarding four certification trade marks applied for by OxoPak Pty Ltd. In the ACCC’s view, OxoPak’s marks may mislead consumers. This article explains what a certification trade mark is, the factors considered by the ACCC when assessing certification trade mark applications, and key lessons from the recent OxoPak assessment as well as the 2012 assessment by the ACCC of the Egg Standards Australia (ESA) certification trade mark application by Australian Egg Corporation Limited (AECL).

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