Trade Marks Act, 1999

Section - 68 - Additional grounds for removal of registration of collective mark

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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