22
Registration
of
certification
marks
Trademarks
No. 2
goods or services of persons who are not members of such
association.
40.__(1) The Registrar may, on application, register a mark as a
certification mark as prescribed in the First Schedule hereto.
(2) A certification mark shall not be registrable in the name of a
person who carries on a trade in goods or services of the kind
certified.
(3) For purposes of this section, a “certification mark” means a
mark adapted to distinguish, in the course of trade, goods or
services, certified by any person, in respect of origin, material,
mode of manufacture, quality, accuracy and, performance of
services or other characteristic, from goods or services not so
certified.
Application
for
registration of
a
geographical
indication
PART VII__GEOGRAPHICAL INDICATIONS
41. A person may make an application to the Registrar for
registration of a geographical indication, in the prescribed form
which shall contain__
(a) a request, in writing, that the geographical indication be
registered;
(b) details of the geographical indication for which registration
is sought;
(c) a description of the geographical area to which the
geographical indication applies;
(d) the particulars or a description of the goods to which the
geographical indication applies;
(k) the quality, reputation or other characteristics of the goods
for which the geographical indication is used;
(l) a certified copy of the rules governing the use of the
geographical indication;
(m) such fees as may be prescribed; and
Acceptance
and
advertisment
of an
application
(n) such other particulars as may be prescribed by the Minister.
42.__(1) Subject to section 43, the Registrar shall, if he is
satisfied that an application made pursuant to section 41 complies
with the requirements of this Part, accept an application to register
a geographical indication and shall, within such time and in such
manner as may be prescribed, publish that application in the
Journal.
(2) The advertisement shall be in accordance with section 9.