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Chapter VIII - Collective Marks

Section 62

Section 62: Misleading collective marks

A collective mark must not mislead or confuse the public about its character, particularly by appearing to be something other than a collective mark.

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Need advice on Section 62?

This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the Registrar may require that a mark in respect of which application is made for registration comprise some indication that it is a collective mark.

Rule and business relevance

The Registrar may require an indication that it is collective where the stated concern arises. Branding should communicate the association character appropriately.

Limits and related provisions

Adding a label is not an automatic cure for all confusion or other refusal grounds. Assess the mark and presentation in context.

Hypothetical business example

Hypothetical example: An association’s proposed seal resembles an individual manufacturer’s brand. It reviews whether an indication of collective character is required.

Practical decision flow

Assess how the public would understand the mark.

Identify confusion about collective character or significance.

Respond to any Registrar requirement without ignoring other refusal grounds.

Applying the Act and current procedure

Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.

Practical checklist

Do

  • Assess how the public would understand the mark.
  • Identify confusion about collective character or significance.
  • Respond to any Registrar requirement without ignoring other refusal grounds.

Avoid

  • Adding a label is not an automatic cure for all confusion or other refusal grounds. Assess the mark and presentation in context.

Glossary

Collective character
The association-member nature of the mark.
Public confusion
The misleading understanding prohibited by this provision.

Frequently asked questions

Can a misleading collective mark be registered?

The section prohibits registration where the stated deception or confusion exists.

May the Registrar require an indication of collective status?

Yes.

Does an indication cure every possible objection?

No. The actual confusion and other registration requirements still need assessment.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026