Chapter IX - Certification Trade Marks
Section 70
Section 70: Eligibility of a certification proprietor
A person trading in the goods or services being certified cannot register the certification mark in that person’s name.
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Need advice on Section 70?
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
A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified.
Rule and business relevance
The provision separates the certifier role from trading in the same kind of certified goods or provision of certified services. The relevant business activity must be examined.
Limits and related provisions
Do not assume an organisation’s name or non-profit label proves eligibility. Determine what trade it actually carries on and what it proposes to certify.
Hypothetical business example
Hypothetical example: An organisation sells the same type of equipment it proposes to certify under its own certification mark. It must address the statutory registrability restriction.
Practical decision flow
Define the goods or services to be certified.
Identify the applicant’s actual trading activities.
Assess the conflict before applying in that name.
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
- Define the goods or services to be certified.
- Identify the applicant’s actual trading activities.
- Assess the conflict before applying in that name.
Avoid
- Do not assume an organisation’s name or non-profit label proves eligibility. Determine what trade it actually carries on and what it proposes to certify.
Glossary
- Certifier
- The proposed proprietor certifying the relevant characteristics.
- Same-kind trade
- Trading in the kind of goods or services certified, as described by the provision.
Frequently asked questions
Can a trader in the certified goods register the certification mark in its own name?
The section prohibits that registrability.
Does the rule cover services?
Yes. It also covers trading in provision of the services certified.
Is an organisational label alone conclusive?
No. Actual trading activity must be checked.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026