Trade Marks Act, 1999

Rights conferred by registration of certification trade marks (1) Subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in respect of any goods or services shall, if valid, give to that person the exclusive right to the use of the mark in […]

Cancellation or varying of registration of certification trade marks. The Registrar may, on the application in the prescribed manner of any person aggrieved and after giving the proprietor an opportunity of opposing the application, make such order as he thinks fit for expunging or varying any entry in the register to a certification trade mark,

Acts not constituting infringement of certification trade marks. (1) Notwithstanding anything contained in this Act, the following acts do not constitute an infringement of the right to the use of a registered certification trade mark— (a)   where a certification trade mark is registered subject to any conditions or limitations entered on the register, the

Infringement of certification trade marks The right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a

Filing of regulations governing the use of a certification trade mark (1) There shall be filed at the Trade Marks Registry in respect of every mark registered as acertification trade mark regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services

Opposition to registration of certification trade marks When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation

Consideration of application for registration by the Registrar (1) The Registrar shall consider the application made under section 71 with regard to the following matters, namely :— (a)   whether the applicant is competent to certify the goods in respect of which the mark is to be registered; (b)   whether the draft of the

Applications for registration of certification trade marks. (1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section

Registration of certification trade marks A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified.

Certain provisions of this Act not applicable to certification trade marks. The following provisions of this Act shall not apply to certification trade marks, that is to say,— (a)   clauses (a) and (c) of sub-section (1) of section 9; (b)   sections 18, 20 and 21, except as expressly applied by this Chapter; (c)