ACT Certification trademark pending - can i licence it?

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goodgravy

Well-Known Member
9 May 2016
45
3
124
Hoping there's some trademark lawyers here! Is it all above board if a certification trademark is still pending after several years on the IP Australia website - but the CTM is being used by businesses and they're being charged a licence fee.
For context it's a sustainability certification so businesses comply with a voluntary environmental standard and then they pay a license fee to show they're 'certified' against this standard.
I'm just trying to find out if the business or the organisation offering the sustainability standard are at risk if the CTM is still 'pending' and not yet registered while its being used to promote their sustainability credentials?