Repealed or not in force · As amended up to 2026-08
56. (1) There shall be deposited at the Patent Office iti it of in respect of every mark registered as a certification [regulations ] th",",",% * trade mark regulations apiroved by the Central Govern- ~ale~ti,,,, ment for governing the use thereof, which shall include [trade ] `[mark. ]` provisions as to the cases'in which the proprietor is t o certify goods and to authorise the use of the certification trade mark, and may contain any other provisions which the Central Government may by general or special order require or permit to be inserted therein (including . provisions conferring a right of appeal lo the Registrar against any refusal of the proprietor to certify gorpds or to authorise the use of the certification trade mark in accordance with the regulations) ; and regulations 80 deposited shall be open to inspection in like manner as the register.
th",",",% *
(2) The 37
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Rlght `con.` ferred `by` registration.
(2) The regulations SO deposited may on the application of the registered proprietor be altered by the Itkgistrar with tho consent of hhe Central Government.
(3) The Central Government may cause such applioation to be advertised in any case where it appears t.0 it expedient so to do, and where it does so, if within , the time specified in the advertisement any person gives notice of opposition to the application, the Central Government shall not decide the matter without giving the parties an opportunity of being heard.
57. Subject to the provisions of sections 25, 26 and 58, the registration of a person as proprietor of a corti- I fication trade mark in respect of any goods shall, if valid, give to that person the exclusive right to the use of the certification trade mark in relation to those goods, and, without prejudice to the generality of the foregoing provision, that right shall be deemed to be inI fringed by any person who, not being the proprietor of the mark or a person authorised by him in that behalf under the regulations deposited under section 56, using it in accordance therewith, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to sender the use of the mark likely to be taken either-
- (a) as being use as a certifi~a~tion trade mark ; or
- . (b) to import a reference to some person having . the right either as proprietor, or by his authorisation under the said regulations, to use the mark, or to goods certified by the proprietor.
Source: India Code