Chapter VIII - Collective Marks
Section 67
Section 67: Collective-mark infringement recovery
In collective-mark infringement litigation, the court considers loss to authorised users as well as the proprietor association’s position.
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Need advice on Section 67?
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
In a suit for infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorised users.
Rule and business relevance
The suit described is brought by the registered proprietor as plaintiff. The court may direct how much of a monetary remedy the proprietor holds on behalf of authorised users.
Limits and related provisions
Do not assume the association keeps every recovery for itself or that this provision independently grants each member a right to sue in its own name.
Hypothetical business example
Hypothetical example: An association wins damages for infringement affecting several members. The court considers their loss and may direct the association to hold part of the proceeds for them.
Practical decision flow
Identify authorised users and their actual or likely loss.
Present that evidence in the proprietor’s infringement suit.
Follow directions concerning the monetary recovery.
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 authorised users and their actual or likely loss.
- Present that evidence in the proprietor’s infringement suit.
- Follow directions concerning the monetary recovery.
Avoid
- Do not assume the association keeps every recovery for itself or that this provision independently grants each member a right to sue in its own name.
Glossary
- Pecuniary remedy
- The monetary relief whose proceeds may be held for users.
- Authorised-user loss
- Loss suffered or likely to be suffered by authorised users.
Frequently asked questions
Whose suit is described?
A suit by the registered proprietor of the collective mark as plaintiff.
Must member losses be considered?
The court shall take the stated authorised-user losses into account.
Can recovery be held for users?
Yes. The court may give directions on the extent.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026