Chapter VIII - Collective Marks
Section 65
Section 65: Inspection of collective use regulations
Collective-mark use regulations are open to public inspection in the manner applicable to the register.
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Need advice on Section 65?
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
The regulations referred to in sub-section (1) of section 63 shall be open to public inspection in the same way as the register as provided in section 148.
Rule and business relevance
Section 148 supplies the referenced inspection framework. Competitors, members and prospective users can use the official regulations to understand the authorised scheme.
Limits and related provisions
Do not promise that filed collective-use conditions are wholly confidential. Check current inspection arrangements and the exact document version.
Hypothetical business example
Hypothetical example: A prospective member inspects the official collective-mark regulations before agreeing to use the association’s brand.
Practical decision flow
Identify the relevant collective registration.
Obtain the filed regulations through the applicable inspection process.
Check their current version before relying on them.
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
- Identify the relevant collective registration.
- Obtain the filed regulations through the applicable inspection process.
- Check their current version before relying on them.
Avoid
- Do not promise that filed collective-use conditions are wholly confidential. Check current inspection arrangements and the exact document version.
Glossary
- Public inspection
- Access under the register-inspection framework referred to here.
- Regulation version
- The effective filed and accepted rules relevant to use.
Frequently asked questions
Are these regulations automatically private?
No. The section makes them open to public inspection.
Which provision governs the inspection reference?
Section 148.
Why check the version?
Amendments have their own effectiveness requirements under section 66.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026