Trade Marks Act : Additional grounds for removal of registration of collective mark. Indian Bare Acts

Trade Marks Act,1999

Act No : 47

Section : Additional grounds for removal of registration of collective mark.

68. Additional grounds for removal of registration of collective mark.-The registration of a collective mark may also be removed from the register on the ground- (a) that the manner in which the collective mark has been used by the proprietor or authorised user has caused it to become liable to mislead the public as a collective mark; or (b) that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark. Explanation I.-For the purposes of this Chapter, unless the context otherwise requires, ''authorised user'' means a member of an association authorised to use the registered collective mark of the association. Explanation II.-For the purposes of this Act, use of a collective mark by an authorised user referred to in Explanation I shall be deemed to be the use by the registered proprietor thereof.