THE TRADE MARKS ACT, 1999
[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]
CHAPTER 8 – COLLECTIVE MARKS
61. SPECIAL PROVISIONS FOR COLLECTIVE MARKS.
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.
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.
67. INFRINGEMENT PROCEEDINGS BY REGISTERED PROPRIETOR OF COLLECTIVE MARK.
In a suit for infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorised users.