Sections 61-62 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter VIII of the Act (sections 61 to 68) is about collective marks. Sections 61 and 62 are its opening provisions. Section 61 says the Act's general provisions apply to collective marks, adjusted for the fact that the mark distinguishes the goods or services of members of an association. Section 62 forbids registering a collective mark that would deceive or cause confusion.
A collective mark is a trade mark distinguishing the goods or services of members of an association of persons (not a partnership under the Indian Partnership Act, 1932) which owns the mark, from those of others. Section 61: the provisions of the Act apply to collective marks subject to Chapter VIII, and the "distinguishing" requirement in the definition of trade mark is read as distinguishing the goods or services of the association's members from those of others. Section 62: a collective mark shall not be registered if it is likely to deceive or cause confusion, in particular if it may be taken as something other than a collective mark; the Registrar may require an indication that it is a collective mark.
What a collective mark is
Section 2(1)(g) defines "collective mark" as "a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark from those of others". See Section 2 definitions.
| Feature | Collective mark |
|---|---|
| Proprietor | An association of persons, not a partnership |
| Users | The association's members |
| Function | To distinguish members' goods or services from those of others |
| Governing rules | Regulations governing use, under sections 63 to 66 |
A farmers' producer body, a trade association, or a cooperative of craft workers might own a collective mark that each member displays on its goods. Section 2(2)(a) adds that a reference in the Act to a "trade mark" includes a reference to a "collective mark" or a "certification trade mark", unless the context otherwise requires. That is how the whole Act reaches collective marks. The guide to collective marks under the Trade Marks Act gives a wider overview.
If your association wants a common brand for its members, our trademark registration team can prepare the application and the regulations that go with it.
Section 61: the general rule and the adjusted test
Sub-section (1): the Act applies, subject to Chapter VIII
"The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter."
Everything else in the Act applies to a collective mark, for example the grounds for refusal in sections 9 and 11, the application route in section 18, opposition in section 21, and renewal. The Chapter VIII sections then adjust or add to the position. Where Chapter VIII is silent, the ordinary rules run.
Sub-section (2): reading "distinguishing"
The definition of "trade mark" in section 2(1)(zb) requires that the mark be capable of "distinguishing the goods or services of one person from those of others". For a collective mark, sub-section (2) says that this reference "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".
The effect is practical. A collective mark does not have to separate one member from another. It has to separate the members as a group from non-members. A mark shared by all the members of an association is therefore not objectionable merely because several traders use it.
Section 62: a collective mark must not mislead
"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."
The opening words of the section are "A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public"; the Act prints "on the part of public" without the word "the".
Break the section into parts.
| Part | Text | Meaning |
|---|---|---|
| Bar | A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of the public | A public-protection ground specific to collective marks |
| Example given | In particular if it is likely to be taken to be something other than a collective mark | Customers must not mistake a collective mark for an ordinary individual mark or another kind of mark |
| Registrar's tool | He may require that the mark comprise some indication that it is a collective mark | A fix, rather than a refusal |
The section does not say what the indication must look like. It could be a word, a legend or a symbol in the mark, as the Registrar requires. The text leaves the form to him.
This operates alongside the general grounds. A collective mark can still be refused under section 9 or 11, for example if it is descriptive or conflicts with an earlier mark. See Section 9. The extra protection in section 62 is about the character of the mark itself: the public should be able to tell that it is a collective mark.
What comes next in Chapter VIII
| Sections | Subject |
|---|---|
| 61-62 | General application and the bar on misleading collective marks |
| 63-64 | Regulations accompanying the application and their acceptance |
| 65-66 | Inspection and amendment of regulations |
| 67-68 | Infringement proceedings by the proprietor and additional grounds for removal |
See Sections 63-64 for the regulations that must accompany the application.
Example. The Kanchan Weavers Association, an association of persons and not a partnership, applies to register "Kanchan Handloom" as a collective mark for cloth. The application is made under section 18 as modified by Chapter VIII. The mark is meant to distinguish the cloth of the Association's members from cloth made by others, which is the section 61(2) test. If the label looked like an ordinary single-owner brand and the public could take it for one, the Registrar may under section 62 require an indication such as the word "collective" on the mark, or may refuse if it would deceive.
Practical points
- Check your structure first. The definition excludes a partnership; the proprietor must be an association of persons.
- Plan the regulations early. An application must come with regulations (section 63).
- Include an indication of collective status where practical, so the Registrar does not need to require it.
- Run the ordinary checks too. Sections 9 and 11 still apply.
- Form and fee. The Trade Marks Rules, 2017 name Form TM-A for the application, with a collective mark option and draft regulations in Form TM-M; check the current forms.
Need help with a collective mark?
An association that wants one mark for all its members needs the right applicant, a clear mark and workable regulations. Our trademark registration team can plan the filing, draft the regulations and respond to examination objections.
Key takeaways
- A collective mark distinguishes the goods or services of members of an association of persons, not a partnership, from those of others.
- Section 61(1) applies the Act to collective marks subject to Chapter VIII.
- Section 61(2) reads "distinguishing" as distinguishing the association's members from others.
- Section 62 bars registration of a collective mark likely to deceive or cause confusion, especially if it might be taken as something other than a collective mark.
- The Registrar may require an indication that the mark is a collective mark.
- Ordinary grounds for refusal still apply.
Read next
- Sections 63-64: collective mark application, regulations and acceptance
- Sections 65-66: collective mark regulations, inspection and amendment
- Sections 67-68: collective mark infringement proceedings and removal
- Collective marks under the Trade Marks Act
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.