Trade Marks Act, 1999
77. Cancellation or varying of registration of
certification trade mark.-
The registrar may, on the application in the
prescribed manner of any person aggrieved and after giving the proprietor an
opportunity of opposing the application, make such order as he thinks fit for
expunging or varying and entry in the registration to a certification trade
mark, on for varying the regulations, on any of the following grounds, namely:-
(a) that the proprietor is not longer
competent, in the case of any of the goods or services in respect of which the
mark is registered, to certify those goods or services.
(b) that the proprietor has failed to observe
any provisions of the regulations to be observed on his part.
(c) that it is no longer to the public
advantage that if the mark remains registered, the regulations should be
varied.