Chapter IX - Certification Trade Marks
Section 69
Section 69: Ordinary provisions excluded for certification marks
Certification marks have a special statutory framework that excludes or selectively reapplies listed ordinary-mark provisions.
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Need advice on Section 69?
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 following provisions of this Act shall not apply to certification trade marks, that is to say,—
(a) clauses (a) and (c) of sub-section (1) of section 9;
(b) Sections 18, 20 and 21, except as expressly applied by this Chapter;
(c) Sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and sub-section (2) of section 56;
(d) Chapter XII, except section 107.
Rule and business relevance
The exclusions include section 9(1)(a) and(c), specified filing provisions except where reapplied, the listed rights, transfer and user provisions, and Chapter XII except section 107. Use sections 70–78 to identify the special registration and rights rules.
Limits and related provisions
Do not copy an ordinary-mark compliance checklist wholesale. Equally, exclusion from a listed provision is not exemption from every other applicable law or from the special chapter.
Hypothetical business example
Hypothetical example: A certification body reviews a proposed seal using the certification chapter, including its own infringement and permitted-use rules, instead of relying only on ordinary section 29 analysis.
Practical decision flow
Identify that the mark is a certification mark.
Check which ordinary provisions are excluded or expressly reapplied.
Apply the corresponding certification rules and other relevant law.
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 that the mark is a certification mark.
- Check which ordinary provisions are excluded or expressly reapplied.
- Apply the corresponding certification rules and other relevant law.
Avoid
- Do not copy an ordinary-mark compliance checklist wholesale. Equally, exclusion from a listed provision is not exemption from every other applicable law or from the special chapter.
Glossary
- Excluded provision
- An ordinary provision expressly not applying under this section.
- Selective reapplication
- Application through an express provision of the certification chapter.
Frequently asked questions
Does every ordinary infringement rule apply unchanged?
No. The section lists exclusions and the chapter supplies special rules.
Is all of Chapter XII excluded?
The text excepts section 107 from that exclusion.
Does the provision exempt other applicable laws?
It lists particular provisions of this Act; other legal requirements need separate assessment.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026