Trade Marks Act, 1999
68. 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 authorized 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,
or
Explanation 1.- For the purposes of
this Chapter, unless the context otherwise requires "authorizes user"
means a member of an association to sue the registered collective mark of the
association.
Explanation II.- For the purposes of
this Act, use of a collective mark by an authorized user referred to in
Explanation 1 shall be deemed to be the use by the registered proprietor
thereof.