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Trade Marks Act, 1999

68. 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 authorized 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, or

Explanation 1.- For the purposes of this Chapter, unless the context otherwise requires "authorizes user" means a member of an association to sue the registered collective mark of the association.

Explanation II.- For the purposes of this Act, use of a collective mark by an authorized user referred to in Explanation 1 shall be deemed to be the use by the registered proprietor thereof.

Trade Marks Act, 1999 Back

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