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THE TRADE MARKS ACT, 1999

[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

61. SPECIAL PROVISIONS FOR COLLECTIVE MARKS.

(1) The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter.
 
(2) In relation to a collective mark the reference to clause (zb) of sub-section (1) of section 2 to distinguishing the goods or services of one person from those of others shall be construed as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

62. COLLECTIVE MARK NOT TO BE MISLEADING AS TO CHARACTER OR SIGNIFICANCE.

A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the Registrar may require that a mark in respect of which application is made for registration comprise some indication that it is a collective mark.

63. APPLICATION TO BE ACCOMPANIED BY REGULATIONS GOVERNING USE OF COLLECTIVE MARKS.

(1) An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark.
 
(2) The regulations referred to in sub-section (1) shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed.

64. ACCEPTANCE OF APPLICATION AND REGULATIONS BY REGISTRAR.

If it appears to the Registrar that the requirements for registration are satisfied, he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it and if accepted shall notify the regulations.

65. REGULATIONS TO BE OPEN TO INSPECTION.

The regulations referred to in sub-section (1) of section 63 shall be open to public inspection in the same way as the register as provided in section 148.

66. AMENDMENT OF REGULATIONS.

Any amendment of regulations referred to in sub-section (1) of section 63 shall not be effective unless the amended regulations are filed with the Registrar, and accepted and published by him in accordance with section 64.