Chapter VIII - Collective Marks
Section 64
Section 64: Acceptance of collective use regulations
The Registrar considers the collective-mark application together with its regulations and may impose conditions or regulation amendments.
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Need advice on Section 64?
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.
Statutory text
Bare law
If it appears to the Registrar that the requirements for registration are satisfied, he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it and if accepted shall notify the regulations.
Rule and business relevance
Acceptance can be unconditional or conditional; refusal is also possible under the provision. Accepted regulations are notified.
Limits and related provisions
Do not assume private adoption of regulations equals Registry acceptance. Read the conditions and resulting notification.
Hypothetical business example
Hypothetical example: An association receives conditional acceptance requiring a clearer member-use rule. It amends the regulations and follows the Registry process.
Practical decision flow
Check registration requirements and the proposed regulations together.
Address required conditions or amendments.
Verify acceptance and notification of the regulations.
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
- Check registration requirements and the proposed regulations together.
- Address required conditions or amendments.
- Verify acceptance and notification of the regulations.
Avoid
- Do not assume private adoption of regulations equals Registry acceptance. Read the conditions and resulting notification.
Glossary
- Conditional acceptance
- Acceptance subject to conditions including regulatory amendments.
- Notified regulations
- The regulations notified upon the stated acceptance.
Frequently asked questions
Can the Registrar require regulation changes?
Yes. Such amendments may form part of conditions.
Are regulations considered separately from the application?
The section addresses acceptance of the application together with them.
Is acceptance inevitable after submission?
No. The provision includes refusal.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026