Trade Marks Act, 1999
Trade Marks Act, 1999
VIII · Section 68

Additional grounds for removal of registration of collective mark

Synced on 04 Jul 2026Text as per India Code

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.

certification trade marks

(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) Sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and sub-section (2) of section 56;

(d) Chapter XII, except section 107.

Judgments on Section 68