Explain the meaning of the term 'certification trade mark' under the Trade Marks Act, 1999.
CS Executive · Economic and Commercial Laws · PYQS · December 2015
Explain the meaning of the term 'certification trade mark' under the Trade Marks Act, 1999.
Answer & Explanation:
Section 2(1)(e) of the Trade Marks Act, 1999 defines the term certification trade mark as to mean a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registerable as such in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person. Sections 69 to 78 of the Trade Marks Act, 1999 deal with registration of certification trade mark. The purpose of certification trade mark is to show that the goods on which the mark is used have been certified by some competent person in respect of certain characteristics of the goods such as origin, mode of manufacture, quality, etc. The proprietor of a certification trade mark does not himself deal in the goods. A certification trade mark may be used in addition to the user's own trade mark on his goods. Central Government empower the final authority for registration of certification trade mark to the Registrar.
Topics: Trade Marks Act, 1999
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