Repealed or not in force · As amended up to 2026-08
58. (1) The right to the use of a certification trade mark given under section 67 by registration shall be subject to any oonditions or limitations ent'ered on the register, and shall not be deemed to be infringed by the use of any such mark as aforesaid in any mode, in relation to goods to be sold or otherwise traded in in any place, in relation to goods to be exported to any market,
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`OF` 19401 Trade dlarks
or in any other circumstances, to which havixlq regard to any such limitations, the registration does not extend.
(3) The said right to the use of a certification Krade mark shdl not, he deemed to bo infringed by t,he iise of any such mark as aforesaid by any person-
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(a) in relation to goods certified by the proprietor of the mark if, as to those goods or a bulk of which they form part, the proprietor or another in accordance with his authorisation under the relevant regulations has applied the mark and has not s~ibseqnentlyremoved or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the mark, or
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`(6)` in relation to goods adapted to form part of, or to be accessory to, other good8 in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the gooda are so adapted and neither the purpose nor tho effect of the use of the mark is to indicate otherwise than in accordance with the fact that the g o d s are certified by the proprietor :
Provided that clause (a) shall not apply to the case of use consisting of the application of any such mmk as aforesaid to any goods, notwithstanding that they are such goods as are mentioned in that clause if such application is contrary to the said regulations.
(3) Where a certjfication trade mark is one of two or more registered certificatio~~ trade marks which are identical or nearly resemble each other, the use of any of those marks in exercise of the right to the use of that mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any ot.her of those marks.
Source: India Code