61. Special provisions for collective marks.—

(1) The provisions of this Act shall apply to collective  marks subject to the provisions contained in this Chapter. 

(2) In relation to a collective mark the reference in clause (zb) of sub-section (1) of section 2 to  distinguishing the goods or services of one person from those of others shall be construed as a reference  to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others. 

62. Collective mark not to be misleading as to character or significance.—

A collective mark shall  not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the Registrar may require that a  mark in respect of which application is made for registration comprise some indication that it is a  collective mark. 

63. Application to be accompanied by regulations governing use of collective marks.—

(1) An application for registration of a collective mark shall be accompanied by the regulations governing the use  of such collective mark. 

(2) The regulations referred to in sub-section (1) shall specify the persons authorised to use the mark,  the conditions of membership of the association and, the conditions of use of the mark, including any  sanctions against misuse and such other matters as may be prescribed. 

64. Acceptance of application and regulations by Registrar.—

If it appears to the Registrar that the  requirements for registration are satisfied, he shall accept the application together with the regulations,  either unconditionally or subject to such conditions including amendments of the said regulations, if any,  as he may deem fit or refuse to accept it and if accepted shall notify the regulations. 

65. Regulations to be open to inspection.—

The regulations referred to in sub-section (1) of section  63 shall be open to public inspection in the same way as the register as provided in section 148. 

66. Amendment of regulations.—

Any amendment of regulations referred to in sub-section (1) of  section 63 shall not be effective unless the amended regulations are filed with the Registrar, and accepted  and published by him in accordance with section 64. 

67. Infringement proceedings by registered proprietor of collective mark.—

In a suit for  infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take  into account any loss suffered or likely to be suffered by authorised users and may give such directions as  it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on  behalf of such authorised users. 

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.