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Section 64 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 64. Opposition to registration of certification trade marks

(1) When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of Sec. 21 shall apply in relation to the registration of the mark as they apply in relation to an application under Sec. 18.

(2) In deciding any matter relating to opposition proceedings under the provisions aforesaid the Tribunal shall have regard only to the considerations referred to in sub-section (3) of Sec. 62, and a decision under the said provisions in favour of the applicant shall be conditional on the determination in his favour by the Central Government under sub-section (3) of this section of any opposition relating to any of the matters referred to in Sec. 63.

(3) When notice of opposition is given relating to any of the matters referred to in Sec. 63, the Central Government shall, after hearing the parties, if so required by them, and considering any evidence and having regard to the matters aforesaid, direct the Registrar-

(a) To refuse registration; or

(b) To register the mark either absolutely or subject to such conditions or limitations, or amendments or mofidications of the application or of the regulations to be deposited under Sec. 65, as the Central Government may think proper to impose or make, and the Registrar shall dispose of the matter in accordance with the directions issued by the Central Government under this sub- section.

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The Trade and Merchandise Marks Act,1958

Indian Laws – Bare Acts


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