Section 69 of TMA : Section 69: Certain Provisions Of This Act Not Applicable To Certification Trade Marks

Explanation using Example

Imagine a company, "OrganicQualityCertifiers," that certifies food products as organic. They own a certification trade mark that assures consumers that any product carrying this mark meets certain organic standards. Now, when they apply for their certification trade mark, they don't have to worry about the distinctiveness requirements under clauses (a) and (c) of sub-section (1) of section 9 of the Trade Marks Act, 1999, which typically apply to regular trademarks. This means that even if the certification mark is descriptive of the quality of the goods (e.g., "CertifiedOrganic"), it can still be ...

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