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Section 78 Trade Marks Act 1999 enacts that CERTIFICATION TRADE MARKS may be applied for by a:
Answer & Solution
Correct answer: A.
1. Section 2(1)(e) Trade Marks Act 1999 defines CERTIFICATION TRADE MARK: 'a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified...'
2. Chapter IX (Sections 69-78) governs Certification Trade Marks.
3. Section 70: only a person or organization NOT CARRYING ON A TRADE in the goods or services certified may register a certification trade mark.
4. Examples: ISI mark, Agmark, FSSAI, Hallmark (BIS).
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Trade Marks Act 1999, Sections 2(1)(e), 69-78 (Chapter IX — Certification Trade Marks)_
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