Industrial and Commercial Property (Protection) Act, 1927

Trade marks used solely as certificates of quality, etc.

123.—(1) Where any association or person undertakes to certify the origin, material, mode of manufacture, quality, accuracy, or other characteristic of any goods, by mark used upon or in connexion with such goods, the Minister if and so long as he is satisfied that such association or person is competent to certify as aforesaid, may if he shall judge it to be to the public advantage, permit such association or person to register such mark as a trade mark in respect of such goods, whether or not such association or person be a trade association or trader or possessed of a goodwill in connexion with such certifying. When so registered such trade mark shall be deemed in all respects to be a registered trade mark, and such association or person shall be deemed to be the proprietor thereof, save that such trade mark shall be transmissible or assignable only by permission of the Minister.

(2) The proprietor of a mark registered under this section or of a mark originally registered in the Patent Office in London under section 62 of the Trade Marks Act, 1905 and subsequently registered under section 89 (which relates to the registration of trade marks registered in the Patent Office in London) of this Act in the register of trade marks in the Office, may assign such mark to the Minister and the Minister may take an assignment thereof, and on such assignment being made section 121 (which relates to the registration of marks by Ministers) of this Act shall apply to such mark as fully as if the Minister had procured the registration thereof under the said section 121 .