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Section 72(1) of the Trade Marks Act, 1999 requires the Registrar to consider certain matters when…

Section 72(1) lists the applicant's competence to certify, whether the draft regulations are satisfactory, and whether registration "would be to the public advantage". So…

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Section 72(1) of the Trade Marks Act, 1999 requires the Registrar to consider certain matters when dealing with an application for a certification trade mark. Consider the following:
Statement 1: whether the applicant is competent to certify the goods
Statement 2: whether the draft regulations are satisfactory
Statement 3: whether in all the circumstances registration would be to the public advantage
Statement 4: whether the applicant itself trades in the goods in large volumes
Which of these are matters listed in section 72(1)?

Select one answer
Answer and explanation

Correct answer A

Section 72(1) lists the applicant's competence to certify, whether the draft regulations are satisfactory, and whether registration "would be to the public advantage". So the answer is "Only Statements 1, 2 and 3". Trading in the goods is a disqualification, not a qualification, because section 70 bars registration in the name of a person who trades in goods of the kind certified.

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