Section 68(1) in The Trade And Merchandise Marks Act, 1958
(1)Notwithstanding anything contained in this Act, the following acts do not constitute an infringement o the right to the use of registered certification trade mark:-(a)where a certification trade mark is registered subject to any conditions or limitations entered on the register, the us of any such mark in any mode, in relation to goods to be exported to any market or in any other circumstances, to which having regard to any such limitations, the registration does not extend;(b)the us of a certification trade mark in relation to goods certified by the proprietor of the mark if, as to those goods or a bulk of which they form part, the proprietor or another in accordance with his authorisation under the relevant regulations has applied the mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the muse of the mark;(c)the use of a certification trade mark in relation to goods adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement or the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods are certified by the proprietor.
