Section 78 Trade Marks Act 1999 enacts that CERTIFICATION TRADE MARKS …

Question

Section 78 Trade Marks Act 1999 enacts that CERTIFICATION TRADE MARKS may be applied for by a:

Accepted Answer

A. PERSON or organization not carrying on the trade in the goods/services concerned, who certifies in respect of origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods/services

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)_

Answer

registered owner of an ordinary trade mark (cf. Trade Marks Act 1999, Sections 2(1)(e), 69-78 (Chapter IX — Certification Trade Marks)) (cf. Trade Marks Act 1999, Sections 2(1)(e), 69-78 (Chapter IX — Certification Trade Marks))

Answer

patent holder of related inventions (cf. Trade Marks Act 1999, Sections 2(1)(e), 69-78 (Chapter IX — Certification Trade Marks)) (cf. Trade Marks Act 1999, Sections 2(1)(e), 69-78 (Chapter IX — Certification Trade Marks))

Answer

the Central Government on its own motion (cf. Trade Marks Act 1999, Sections 2(1)(e), 69-78 (Chapter IX — Certification Trade Marks)) (cf. Trade Marks Act 1999, Sections 2(1)(e), 69-78 (Chapter IX — Certification Trade Marks))