Section 78 of the Trade Marks Act, 1999 – Rights conferred by registration of certification trade marks

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Section 78: Rights conferred by registration of certification trade marks

  • (1) Subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in respect of any goods or services shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services.
  • (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.

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

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