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COLLECTIVE TRADE MARK

Corporate Laws / Banking / SEBI / LLP - By: - Mr. M. GOVINDARAJAN - Dated:- 21-9-2015 - The term Collective mark is defined under Section 2(1)(g) of Trade Marks Act, 1999 as a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership with the meaning of the Indian Partnership act,1932) which is the proprietor of the trade mark those of others. is dealt with Chapter VIII of the Act containing Sections 61 to 68. Part II of the Trade Mark Rules .....

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s obligations. Section 61 provides that the provisions of this Act shall apply to collective marks subject to the provisions contained in Chapter VIII. In relation to the collective mark to distinguishing the goods or service 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 trade mark, from those of others. Thus the entire definition of trade mark applies to subject .....

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ive mark. Section 63 of the Act provides that an application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark. The regulation shall specify the persons authorized to use the mark, the conditions of membership of association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed. The Registrar is having power to require that the mark contains some indication t .....

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mark. The draft regulations to be submitted with the application shall be in triplicate and shall be accompanied by Form TM - 49. The references to acceptance of an application for the registration of a trade mark shall be substituted by references to authorization to proceed with the application. Regulations The draft regulations shall specify- The persons authorized to use the mark; The conditions of membership of the association; Conditions of use of the mark; Sanctions against misuse. The R .....

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ainst the use of collective mark; Such other relevant particulars as may be called for by the Registrar. Acceptance of application and regulations Section 64 provides that 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 .....

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