1. Section 9;
2. sections 18, 20 and 21, except as expressly applied by this Chapter;
3. sections 28, 29, 30, 39, 40, 41, 45, 46, 47, 48 49, 51, 52, 53 and sub-section (2) of section 55;
4. Chapter X, except section 81;
5. any provision the operation of which is limited by the terms thereof to registration in Part B of the register.

1. A certification trade mark shall be registrable only in Part A of the register.
2. A mark shall not be registrable as a certification trade mark, in the name of a person who carries on a trade in goods of the kind certified.
3. In determining whether a certification trade mark is adapted to distinguish in accordance with the provisions of clause (c) of sub-section (1) of section 2, the tribunal may have regard to the extent to which-
   1. the mark is inherently so adapted to distinguish in relation to the goods in question; and
   2. by reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question.

1. An application for the registration of a mark as a certification trade mark shall be made to the Registrar in writing 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 65.
2. Subject to the provisions of section 61, the provisions of sub-sections (1), (2), (3), (4) and (6) of section 18 of sections 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application.
3. In dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations so far as relevant, as if the application were an application under section 18 and to any other consideration not being matters within the competence of the Central Government under section 63) relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark.

1. When authorisation to proceed with an application under section 62 has been given, the Registrar shall forward the application to the Central Government.
2. The Central Government shall consider the application so forward with regard to the following matters, namely-
   1. whether the applicant is competent to certify the goods in respect of which the mark is to be registered;
   2. whether the draft of the regulations to be deposited under section 65 is satisfactory;
   3. whether in all the circumstances the registration applied for would be to the public advantage;

   and may either-

   1. direct that the application shall not be accepted; or
   2. direct the Registrar to accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modification of the application or of the regulations, which it thinks requisite having regard to any of the said matters.
3. Except in the case of a direction for acceptance and approval without modification and unconditionally, the Central Government shall not decide any matter under sub-section (2) without giving to the applicant an opportunity of being heard.
4. Notwithstanding anything contained in this section, the Central Government may, at the request of the applicant made through the Registrar, consider the application with regard to any of the matters referred to in sub-section (2) before authorisation to proceed with the application is given, but the Central Government shall be at liberty to reconsider any matter on which it has given a decision under this subsection if any amendment or modification is thereafter made in the application or in the draft of the regulations.

1. When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to the 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.
2. In deciding any matter relating to opposition proceedings under the provisions aforesaid the tribunal shall have regard only to the considerations referred to in sub-section (3) of section 62, and a decision under the said provisions in favour of the applicant shall be conditional on the determination in his favour by the Central Government under sub-section (3) of this section of any opposition relating to any of the matters referred to in section 63.
3. When notice of opposition is given relating to any of the matters referred to in section 63, the Central Government shall, after hearing the parties, if so required by them, and considering any evidence and having regard to the matters aforesaid, direct the Registrar-
   1. to refuse registration; or
   2. to register the mark either absolutely or subject to such conditions or limitations, or amendments or modifications of the application or of the regulations to be deposited under section 65, as the Central Government may think proper to impose or make;

and the Registrar shall dispose of the matter in accordance with the directions issued by the Central Government under this sub-section.

1. There shall be deposited at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations approved by the Central Government for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods and to authorise the use of the certification trade mark, and may contain any other provisions which the Central Government may, by general or special order, require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of certification trade mark in accordance with the regulations); and regulations so deposited shall be open to inspection in like manner as the register.
2. The regulations so deposited may on the application of the registered proprietor be altered by the Registrar with the consent of the Central Government.
3. The Central Government may cause such application to be advertised in any case where it appears to it expedient so to do, and where it does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Central Government shall not decide the matter without giving the parties an opportunity of being heard.

1. Subject to the provisions of sections 33, 34 and 68, the registration of a person as proprietor of a certification trade mark in respect of any goods shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods.
2. The exclusive right to the use of a certification trade mark given under sub-section (1) shall be subject to any conditions and limitations to which the registration is subject.

1. Notwithstanding anything contained in this Act, the following acts do not constitute an infringement of the right to the use of a registered certification trade mark-
   1. where a certification trade mark is registered subject to any conditions or limitations entered on the register, the use of any such mark in any mode, in relation to goods to be sold or otherwise traded in any place, or in relation to goods to be exported to any market or in any other circumstances, to which having regard to any such limitations, the registration does not extend;
   2. the use of a certification trade mark 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 subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the mark;
   3. the use of a certification trade mark in relation to goods adapted to form part of, or to be accessory to, other goods 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 goods are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods are certified by the proprietor.
2. Clause (b) of sub-section (1) shall not apply to the case of use consisting of the application of a certification trade mark to goods, notwithstanding that they are such goods as are mentioned in that clause if such application is contrary to the regulations referred to in that clause.
3. Where a certification trade mark is one of two or more trade marks registered under this Act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.

1. that the proprietor is no longer competent, in the case of any of the goods in respect of which the mark is registered, to certify those goods;
2. that the proprietor has failed to observe any provision of the deposited regulations to be observed on his part;
3. that it is no longer to the public advantage that the mark should remain registered;
4. that it is requisite for the public advantage that, if the mark remains registered, the regulations should be varied; and neither a High Court nor the Registrar shall have any jurisdiction to make an order under section 56 on any of those grounds.