Certification Trade mark Registration India

In the context of an application for registration of certification trade mark under section 71 the provisions of section 18 as to making of an application will apply. Rule 134 provides that Part I, Part IV and Part VII of the Rules will apply subject to the provisions of Part III of the Rules. The substantive examination of an application for certification trade mark will include . – examination of the draft
regulation, – statement of case and more particularly about the competency of the applicant to certify the goods in respect of which the mark is to be registered and whether in the circumstances of the case , the registration applied for would be to public advantage. – The proprietor should be an independent competent certifying agency without itself being engaged in dealing with those goods or provision of services.  – The draft of the regulation should meet the requirements of Act and Rules and the contents should include matters set out in rule 135(5), namelya) A description of the applicant b) Nature of applicantfs business c) Particulars of infrastructure like R & D, technical manpower support d) Applicantsf competence to administer certification scheme e) The applicantfs financial arrangement f) An undertaking from the applicant that there will be no discrimination between parties if they meet the requirement set down in the regulation. g) The characteristic the mark will indicate in the certified goods or services h) The manner of monitoring the use of the mark