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Section 61 – The Trade and Merchandise Marks Act,1958

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.

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The Trade and Merchandise Marks Act,1958

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