Section 68

Additional grounds for removal of registration of collective mark

The registration of a collective mark may also be removed from the register on the ground

(a) - that the manner in which the collective mark has been used by the proprietor or authorised user has caused it to become liable to mislead the public as a collective mark; or

(b) - that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark.

Explanation I For the purposes of this Chapter, unless the context otherwise requires, ***authorised user *** means a member of an association authorised to use the registered collective mark of the association.

Explanation II For the purposes of this Act, use of a collective mark by an authorised user referred to in Explanation I shall be deemed to be the use by the registered proprietor thereof.