Chapter IX - Certification Trade Marks
Section 78
Section 78: Rights from certification registration
A valid certification registration gives exclusive use rights for the registered goods or services, subject to the specified savings and limitations.
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Need advice on Section 78?
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
(1) Subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in respect of any goods or services shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services.
(2) The exclusive right to the use of a certification trade mark given under sub-section (1) shall be subject to any conditions and limitations to which the registration is subject.
Rule and business relevance
The opening rule expressly preserves sections 34,35 and 76, and subsection (2) retains registration conditions and limits. The right is therefore tied to the actual valid registration.
Limits and related provisions
Do not describe the certificate as an unlimited right against prior users, bona fide uses or the special section 76 cases. Check validity and the recorded scope.
Hypothetical business example
Hypothetical example: A certifier enforcing its seal checks the registration’s goods, conditions and the alleged user’s prior-use or other statutory position before asserting exclusivity.
Practical decision flow
Verify validity and current registration scope.
Review conditions and limitations.
Apply sections 34,35 and 76 to the asserted use.
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
- Verify validity and current registration scope.
- Review conditions and limitations.
- Apply sections 34,35 and 76 to the asserted use.
Avoid
- Do not describe the certificate as an unlimited right against prior users, bona fide uses or the special section 76 cases. Check validity and the recorded scope.
Glossary
- Certification exclusivity
- The valid registration’s right within the specified goods or services.
- Statutory savings
- The express qualifications preserved by sections 34,35 and 76.
Frequently asked questions
Is the right unconditional?
No. Validity, statutory savings and registration limits all qualify it.
Do prior-use rules disappear?
No. Section 34 is expressly preserved.
Must recorded conditions be checked?
Yes. Subsection(2) makes the exclusive right subject to them.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026