Chapter VIII - Collective Marks
Section 68
Section 68: Additional collective-mark removal grounds
Misleading collective use or failure to observe and secure the use regulations supplies additional removal grounds.
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Need advice on Section 68?
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 registration of a collective mark may also be removed from the register on the ground—
(a) that the manner in which the collective mark has been used by the proprietor or authorised user has caused it to become liable to mislead the public as a collective mark; or
(b) that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark.
Explanation I.—For the purposes of this Chapter, unless the context otherwise requires, “authorised user” means a member of an association authorised to use the registered collective mark of the association.
Explanation II.—For the purposes of this Act, use of a collective mark by an authorised user referred to in Explanation I shall be deemed to be the use by the registered proprietor thereof.
Rule and business relevance
The explanations define authorised users as authorised association members and deem their use to be use by the proprietor. The proprietor therefore needs practical controls, not merely written regulations.
Limits and related provisions
These are additional grounds, not the only ways registration may be challenged. Removal still requires the applicable process and proof.
Hypothetical business example
Hypothetical example: An association permits persistent misuse that makes the mark misleading and fails to enforce its regulations. Those facts can support the additional removal grounds.
Practical decision flow
Monitor member use and the mark’s collective meaning.
Enforce the regulations and document action on breaches.
Assess any removal claim against the exact grounds and applicable procedure.
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
- Monitor member use and the mark’s collective meaning.
- Enforce the regulations and document action on breaches.
- Assess any removal claim against the exact grounds and applicable procedure.
Avoid
- These are additional grounds, not the only ways registration may be challenged. Removal still requires the applicable process and proof.
Glossary
- Authorised user
- An association member authorised to use its registered collective mark.
- Deemed proprietor use
- The treatment of an authorised member’s use as use by the registered proprietor.
Frequently asked questions
Is having written regulations enough?
The proprietor must also observe or secure their observance as stated.
Does member use count as proprietor use?
Yes, under Explanation II.
Are these the only removal grounds?
No. The section describes additional grounds.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026