(1) Section 72 applies in relation to a certification trade mark as if the words “or on the ground that the trade mark is capable of distinguishing goods or services certified by the applicant or an approved certifier from goods or services not so certified” was added at the end of subsection (2)(a).
(2) In addition to its powers under Division 2 of Part 8 as affected by subsection (1) in relation to certification trade marks, High Court may, on the application of a person aggrieved, order that the Register be rectified by cancelling the registration of a certification trade mark, or removing or amending an entry in the Register relating to the certification trade mark, on the ground that—
(a) the registered owner or an approved certifier is no longer competent to certify any of the goods or services or both in respect of which the mark is registered;
(b) the rules governing the use of the certification trade mark are detrimental to the public; or
(c) the registered owner or an approved user has failed to comply with a provision of the rules governing the use of the certification trade mark.
(3) Notice of an application to the High Court under subsection (1), shall be given to the Registrar.
(4) Except for cases in which the High Court directs the Registrar to appear, the Registrar may appear before the High Court and be heard at his or her discretion.
(5) A copy of any order made by the High Court under this section shall be given to the Registrar and the Registrar shall comply with the order.