Repealed or not in force · As amended up to 2026-08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,
- `or`
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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.
`11.` (1) Where the proprietor of a trade mark claims of llegistration arts of arts of to be entitled to the exclusive use of any part thereof trsiemarks `and` of trade trade separately, he may apply to register the whole and the ,me;;: as a part as separate tradc marks.
of llegistration arts of arts of trsiemarks `and` of trade trade as a
(2) Each such separate trade mark shall satisfy all the conditions applying to, and have all the incidents of, an independent trade mark.
(3) Where a person claiming to be the proprietor of several trade marks in respect of the same goods or description of goods which, while resembling each'other in the material particulars thereof, yet differ in respect of-
- (a) statements of the goods in relation to which they are respectively used or proposed to be used ; or
- (6) statements of number, price, quality, or names of places ; - or
- (c) other matter of a non:distinctive character which does not ~ubstantially affect the identity of the trade mark ; or
- (d) colour ;
seeh to register those trade marks, they may be registered as a series in one registration.
Source: India Code