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Section 62 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 62. Application for registration of certification trade marks

(1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in writing in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under Sec. 65.

(2) Subject to the provisions of Sec. 61, the provisions of sub-sections (1), (2), (3), (4) and (6) of Sec. 18 and of Sec. 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under this section as they apply in relation to an application under Sec. 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application.

(3) In dealing under the said provisions with an application under this section, the Tribunal shall have regard to the like considerations so far as relevant, as if the application were an application under Sec. 18 and to any other considerations (not being matters within the competence of the Central Government under Sec. 63) relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark.

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The Trade and Merchandise Marks Act,1958

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