Certification of trademark – Trademark Registration in Coimbatore

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Certification of trademark Trademark
Registration in Coimbatore
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Certification of trademark means a mark adapted
in relation to any goods to distinguish, in the
course of trade, goods certified by any person in
respect of origin, material, mode of manufacture,
quality, accuracy or other characteristic, from
goods not so certified and registrable as such
under the provisions in respect of these goods in
the name, as proprietor of certification
trademark, of that person.
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Certification of trademark

• The certification trademark owner cannot carry on
  a trade in goods of the kind which is certified,
• Section 69 makes certain provisions in the act
  inapplicable to a certification trademark. It
  follows that the other provisions apply.

• Certification is different from selection. In the
  former case the certificate serves as a warranty
  that the goods bear the character and quality
  which is certified to by an independent expert or
  authority.
• But selection is different. A trader may have a
  reputation for skill in selecting goods and he
  may use a mark which will indicate to buyers that
  the goods have been selected by him. This is
  different.

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Registration of certification trademarks
A mark would not be registrable as a
certification trademark in the name of the person
who carries on a trade in goods of the kind which
is certified or a trade of the provisions of
service of the kind certified.
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• Applications for registration of certification
  trademarks
• An application for in the registration of a mark
  as a certification trademark shall be made to the
  registrar in the prescribed manner by the person
  proposed to be registered as the proprietor
  thereof, and accompanied by a draft of the
  regulations to be deposited under section 74.
• As per the section 70, the provisions of section
  18, 19 and 22 can apply in relation to an
  application under this section as they apply in
  relation to an application under section 18 which
  is subject to the modification that references
  therein in order to accept the application shall
  be construed as reference to the authorization to
  proceed with the particular application.
• While dealing under the said provision with an
  application, the tribunal may have regard to the
  like considerations, as far as relevant to
  application which is under the section includes
  the desirability of securing that a certification
  trademark will comprise some indication that it
  is a certification trademark.
• This section corresponds to section 62 of the
  trade and merchandise marks act, 1958.

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Prescribed manner

• Rule 134 of the rules prescribed the procedure
  for making the application. Along with his
  application the applicant shall send to the
  registrar a case setting out the ground on which
  he relies in support of his application. Such
  case shall be furnished in triplicate (rule 136).
• Rule 138 provides for opposition to registration
  of certified trademark.
• Rule 139 relates to rectification of
  certification trademark entries.
• Rule 140 relates to alterations of regulation
  relating to certification trademarks.

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Consideration of application for registration by
the registrar

• The registrar shall consider the application made
  under section 71 with regard to the following
  matters, namely-
• Whether the applicant is competent to certify the
  goods in respect of which the mark is to be
  registered
• Whether the draft of the regulations to be filed
  under section 74 is satisfactory
• Whether in all the circumstances the registration
  applied for would be to the public advantage, and
  may either
• Refuse the application or
• Application has to be approved and the said draft
  of the regulations either without medication and
  unconditionally or subject to any limitations or
  conditions or to any amendments or modifications
  of the application or of any regulations which he
  thinks requisite having regard to any of the said
  matters.
• Except in case of approval and acceptance without
  modification and unconditionally, the registrar
  could not decide any matter under sub-section (1)
  without giving the applicant an opportunity of
  being heard.
• This section corresponds to section 63 of the
  trade and merchandise marks act, 1958.

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Opposition to registration of certification tradem
arks

• When an application has been accepted, the
  registrar shall, as soon as may be thereafter,
  cause the application as accepted to be
  advertised in the prescribed manner, and the
  provisions of section 21 shall apply in relation
  to the registration of the mark as they apply in
  relation to an application under section 18.
• This section corresponds to section 64 of the
  trade and merchandise marks act, 1958.
• Rule 138 prescribes the procedure in respect
  of an opposition of certification trademarks.
• It provides that an acceptance of the
  application the registrar shall cause the
  application to be advertised in the journal and
  the provisions of rules 47 to 57 shall apply
  mutatis mutandis as they apply in relation to an
  application for registration of trademark. 
• In any case of doubt with regard to the
  application of the provisions of relates to the
  opposition to the registration of certification
  trademark any party may apply to the registrar
  for directions.

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Filing of regulations governs the use of a
certification trademark

• In respect of every mark which are registered as
  a certification mark shall be filed at the
  trademark registry for governing the use and it
  may include the provisions as to the cases in
  which the proprietor is to certify the goods or
  services and to authorize the use of a
  certification trademark and it may contain other
  provisions which the registrar may be general or
  special order.
• That is required to be inserted therein including
  provisions conferring a right which appeal to the
  registrar against any refusal of the proprietor
  to certify the goods or to authorize the use of a
  certification trademark in accordance with the
  regulations and the regulation which are filed
  need to be open for inspection in a manner
  provided in the section 48.

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• The regulations which are filed on the
  application of the registered proprietor have to
  be altered by the registrar.
• The registrar may advertise such application in
  case it appears to him expedient so to do, and
  after he does so, if within the time period of
  the advertisement, any person can give the notice
  of opposition to the application, the registrar
  would not decide the matter without giving the
  parties an opportunity of being heard.
• This section refers to section 65 of
  the trade and merchandise act, 1958.
• An application under sub-section (2) shall be
  made on form TM-42 and where the registrar
  decides to advertise such application, under
  sub-section (3) the advertisement shall be made
  in the journal (rule 132).

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Infringement of certification trademarks
As per section 78 the rights which are conferred
is infringed by any person who is not being the
registered proprietor of the certification tradema
rk or a person who is authorized by him in that
behalf under a regulations filed under the
section 74 using in accordance therewith and uses
in the course of trade, a mark which is
deceptively similar or identical with to the
certification trademark which in relation to any
goods or services respect with registered and in
such manner as to render the use of the mark that
is likely to be taken as being a use of a
trademark.