Section 75 of the Trade Marks Act, 1999 – Infringement of certification trade marks

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Section 75: Infringement of certification trade marks

The right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a mark, which is identical with, or deceptively similar to the certification trade mark in relation to any goods or services in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken as being a use as a trade mark.

Source: official text of The Trade Marks Act, 1999 as published on India Code (PDF). All sections of the Trade Marks Act, 1999.