The Trade Marks Act 1940, 5 of 1940, (Rep., Act 43 of 1958) · VIII — .

Section 59. (1) The Central Government may, on the appli

Repealed or not in force · As amended up to 2026-08

59. (1) The Central Government may, on the appli- ~anoellatlon or varylng cation in the prescribed manner of any person aggrieved otregistra- or varylng otregistration. or 39 ' - -- -- - - - - -- - - - - - - - - -- --- . `[ACT` v Trade Marks or on the recommendation of the Registrar, and after giving the proprietor an opportunity of opposing the application 02 recommendation, make such order as it thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the tieposited regulations, on any of the following grounds, namely :- - (a) that the proprietor is no longer competent, in the case of any of the good* in respect of which the mark is registered, to certify those goods ; - (h) that the proprietor has failed to observe any provision of the deposited regulations to 1)s observed on his part ; - (c) that it is no longer to the ~ublic advantage that the mark should be registered ; - (d) that it is requisite for the public advantage that, if the mark remains registered, the reg~lat~ions should be varied ; and neither a High Court nor the Registrar shall have any jurisdiotion to make an order under section 46 on any of those grounds. (2) The Registrar shall rectify the register and the deposited regulations in such manner as may be requisite for giving effect to an order made under sub-section (1). coetsnot `to` 60. The Registrar shall have no power to award ba awarded ~n ~ertaln~l ( costs to or against any party on an appeal to him against oneas., L-- &, , -- to certify goods or to authorise the use of the mark. a refusal of the proprietor of a certification trade mark Deofslona of 61. Save as otherwise expressly provided in this Central Government Chapter, every decision of the Central Government to be tlnal. under this Chapter shall be final. Textlle~oode. 62. The Central Goverilment shall prescribe classes of goods (in this Chapter referred to as textile goods) to # \ `40` I I I 1 i L I b t t 8 OF 19401 Trade Marks to the trade marks used in relation to which the provisions of this Chapter shall apply ; and subject to the said provisions, the other /provisions of this Act shall apply to such trade marks as they apply to trade marka used in relation to other classes of goods. `63.` (1) There shall be established at Bombay, for g;%$&$ks the purpose of facilitating the registration of trade Reglstr~ ombaomba at marks in respect of textile goods, a branch of the Trade and Mark8 TexWe Mark8 TexWe TexWe ~eoord. Marks Registry. The officer in charge of the branch shall be called the Deputy Registrar. Reglstr~ ombaomba at and Mark8 TexWe Mark8 TexWe TexWe ~eoord. (2) There shall be kept at the said branch for the purposes of this Act a record called the Textile Marks Record wherein shall be entered copies of all entries in the register relating to trade marks registered in respect of textile goods and the said record shall at all convenient times be open to the inspection of the publio subject to such conditions and restrictions as may be prescribed. (3) Trade marks in respect of textile goods of which registration has been refused shall be entered in a list called the Refused Textile Marks List, a copy of which shall be kept at the said branch, and the list and the said copy shall at all convenient times be open to the inspection of the public, subject to such conditions and restrictions as may be prescribed.

Source: India Code