Section 68 – Additional grounds for removal of registration of collective mark

The registration of a collective mark may also be removed from the register on the ground–

(a) that the manner in which the collective mark has been used by the proprietor-or authorised user has caused it to become liable to mislead the public as a collective mark; or

(b) that the proprietor has failed to observe, or to secure the observance of the . regulations governing the use of the mark.

Explanation I.–For the purposes of this Chapter, unless the context otherwise requires, “authorised user” means a member of an association authorised to use the registered collective mark of the association.

Explanation II.–For the purposes of this Act, use of a collective mark by an authorised user referred to in Explanation I shall be deemed to be the use by the registered proprietor thereof.

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