Pasture Raised on Open Fields (PROOF) - CTM

Overview

The Australian Competition and Consumer Commission (ACCC) has issued an initial assessment proposing to approve certification trade mark (CTM) Number 1784876. The CTM bears the words ‘Pastured Proof – Pasture Raised on Open Fields’.

In May 2017 the ACCC invited comments on the CTM application and PROOF’s proposed CTM Rules. Submissions received as part of that consultation process are available above.

In August 2017, PROOF provided revised CTM Rules in response to concerns raised by the ACCC and in response to submissions received as part of the public consultation process. A copy of the amended rules and the covering letter from PROOF are available below.

On 19 September 2017 the ACCC issued an initial assessment. A summary of the initial assessment is set out in the ACCC initial assessment letter below.

Application

Broadly, the CTM is intended to certify that products bearing the mark are derived from livestock raised in a production system that provides unrestricted daytime access to actively managed, pastured range areas in an environment that encourages purposeful use of those areas.

The CTM Rules comprise a set of general requirements, and four separate guidelines which set out the requirements for relating to the pastured production of cattle, pigs, poultry and sheep under the CTM Rules.

ACCC Role

Under Part 16 of the Trade Marks Act 1995 (TMA), before a CTM can be registered by IP Australia the ACCC must be satisfied that certain criteria are met. In general terms, the ACCC must be satisfied that the CTM application and corresponding rules meet the technical requirements set by the TMA and do not raise consumer protection, competition or associated concerns.

Publication: Certification trade marks: the role of the ACCC

Next steps

The ACCC’s initial assessment will be published by the Registrar of Trade Marks in the Official Journal of Trade Marks. As provided for under the Trade Marks Regulations 1995, the applicant or another person may:

1. respond to the initial assessment in writing to the ACCC; or
2. request that the ACCC hold a conference in relation to the initial assessment, not more than one month after the initial assessment is published in the Journal.

Comments can be emailed to CTMs@accc.gov.au with the subject “CTM 1784876 – Pastured Proof - submission”.