Section 61 in The Trade And Merchandise Marks Act, 1958
61. Registration of certification trade marks.
(1)A certification trade mark shall be restorable only in Part A of the register.(2)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.(3)In determining whether a certification trade mark is adapted to distinguish in accordance with the provisions of clause (c) of sub-section (1) of section 2, the tribunal may have regard to the extent to which-(a)the mark is inherently so adapted to distinguish in relation to the goods in question; and(b)by reason of the use of the ark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question.
