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Citedby 6 docs - [View All]
India Electric Works Ltd. vs Registrar Of Trade Marks on 28 May, 1946
James Chadwick & Bros. Ltd. vs The National Sewing Thread Co. ... on 16 March, 1951
M/S. The Tamil Nadu Co-Operative vs The State Of Tamil Nadu on 18 December, 2002
Tapton Tea Company vs The Liptons Ltd. And Anr. on 26 July, 1954
The Anglo French Drug Co., ... vs R.D. Tinaikar on 13 February, 1957

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[Section 76] [Complete Act]
Central Government Act
Section 76(1) in The Trade Marks Act, 1999
(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-
(a) 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 exp rted to any market or in relation to services for use or available for acceptance in any place, country or territory or in any other circumstances, to which having regard to any such limitations, the registration does not extend;
(b) the use of a certification trade mark in relation to goods or services certified by the proprietor of the mark if, as to those goods or services or a bulk of which they form part, the proprietor or another in accordance with his authorisation under t e 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;
(c) the use of a certification trade mark in relation to goods or services 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 eing be so used, if the use of the mark is reasonably necessary in order to indicate that the goods or services 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 th goods or services are certified by the proprietor.