The Trade and Merchandise Marks Act,1958
Section 61. Registration of certification trade mark
(1) A certification trade mark shall be registrable only in Part A of the register.
(2) A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade- in goods of the kind certified.
(3) In determining whether a certification trade mark is adapted to distinguish in accordance with the provisions of Cl. (c) of sub-section (1) of Sec. 2, the Tribunal may have regard to the extent to which-
(a) The mark is inherently so adapted distinguish in relation to the goods in question; and
(b) by reason of the use of the mark or of any other circumstances, mark is in fact so adapted to distinguish in relation to the goods in question.
