Trade Marks Act, 1999

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 […]

Infringement proceeding 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

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

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.

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

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

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 con- fusion 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

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 in clause (zb) of sub-section (1) of section 2 to distinguishing the goods or services of one person from those of others

Alteration of registered trade marks  (1) The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms and