Chapter IX - Certification Trade Marks
Section 75
Section 75: Certification-mark infringement
Certification-mark infringement has its own test for unauthorised identical or deceptively similar trade use.
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Need advice on Section 75?
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 right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a mark, which is identical with, or deceptively similar to the certification trade mark in relation to any goods or services in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken as being a use as a trade mark.
Rule and business relevance
The use concerns the registered goods or services and must be likely to be taken as use as a trade mark. The definition distinguishes the proprietor and persons authorised under the filed regulations who use in accordance with them.
Limits and related provisions
Do not use ordinary section 29 alone for this category. Also examine the non-infringement acts in section 76 and the exact scope of registration.
Hypothetical business example
Hypothetical example: A seller places a lookalike certification seal on relevant goods without authority under the scheme. Its trade use and deceptive similarity are tested under section 75.
Practical decision flow
Confirm the certification registration and goods or services.
Check authorisation and compliance with filed regulations.
Assess the trade use, identity or deceptive similarity and section 76 qualifications.
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
- Confirm the certification registration and goods or services.
- Check authorisation and compliance with filed regulations.
- Assess the trade use, identity or deceptive similarity and section 76 qualifications.
Avoid
- Do not use ordinary section 29 alone for this category. Also examine the non-infringement acts in section 76 and the exact scope of registration.
Glossary
- Authorised certification use
- Use by a person authorised under the filed regulations and complying with them.
- Certification infringement
- The special statutory infringement test in this section.
Frequently asked questions
Does authorisation alone permit every use?
The provision also requires use in accordance with the regulations.
Must the goods or services fall within registration?
The test concerns goods or services in respect of which the certification mark is registered.
Are there special permitted-use limits?
Yes. Section 76 must be examined.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026