Additional grounds for removal of registration of collective mark

Section 68 of the Trade Marks Act, 1999 deals with 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 a collective mark; The Act came into force on 15 Sep 2003.

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.

Section 68, The Trade Marks Act, 1999 (Act 47 of 1999).