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Chapter 8 – Collective Marks

BananaIP Counsels > The Trade Marks Act > Chapter 8 – Collective Marks

Chapter 8 – Collective Marks

 

Special Provisions for Collective Marks

 

61.—(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.

 

Collective Mark not to Be Misleading as to Character or Significance

 

62. 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.

 

Application to be Accompanied by Regulations Governing Use of Collective Marks

 

63.—(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.

 

Acceptance of Application and Regulations by Registrar

 

64. 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.

 

Regulations to Be Open to Inspection

 

65. 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.

 

Amendment of Regulations

 

66. 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.

 

Infringement Proceedings by Registered Proprietor of Collective Mark

 

67. 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.

 

Additional Grounds for Removal of Registration of Collective Mark

 

68. 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.

 

 

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