Sections 67-68 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.
Sections 67 and 68 close Chapter VIII. Section 67 deals with a suit by the proprietor of a collective mark, and how the court treats the losses of the members who are authorised to use it. Section 68 adds two grounds on which a collective mark may be removed from the register, and defines "authorised user".
In a suit for infringement by the registered proprietor of a collective mark, the court shall take into account any loss suffered or likely to be suffered by authorised users, and may direct how far the plaintiff must hold the proceeds of any pecuniary remedy on behalf of those users (section 67). A collective mark may also be removed from the register if its use by the proprietor or an authorised user has made it liable to mislead the public as a collective mark, or if the proprietor has failed to observe, or to secure the observance of, the regulations (section 68). An authorised user is a member of the association authorised to use the mark, and use by an authorised user is deemed use by the proprietor.
Section 67: suits by the proprietor
"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."
| Element | What the text says |
|---|---|
| Who sues | The registered proprietor of the collective mark, as plaintiff |
| What the court must do | Take into account any loss suffered or likely to be suffered by authorised users |
| What the court may do | Give directions as to how far the plaintiff holds the proceeds of any pecuniary remedy on behalf of the authorised users |
Two points follow. First, the loss of the members counts, even though the plaintiff is the association. Second, the court has a discretion to direct that the association holds some or all of a money award for its members. The section does not give a formula, and the extent is for the court. The section sits beside the general provisions on infringement; see Section 29 and, for relief in infringement suits, Section 135.
An association that finds a copycat using its mark can start with a notice. Our trademark infringement notice team can prepare it in the name of the proprietor and gather the evidence of members' losses that section 67 invites the court to consider.
How it differs from a registered user's right
Section 52 lets a registered user sue in its own name, but nothing in Chapter VIII gives members of a collective mark association a separate right of suit. The text of section 67 speaks only of the proprietor as plaintiff. If members need to be heard on their loss, the section lets the court take that loss into account. See Sections 52-54 for the registered user position. The statutory text does not say whether a member may be joined; that is a matter of the court's procedure.
Section 68: additional grounds for removal
"The registration of a collective mark may also be removed from the register on the ground—"
The word "also" signals that these grounds are in addition to the ordinary grounds of removal and rectification, such as those in sections 47 and 57. The two grounds are:
- (a) the manner in which the collective mark has been used by the proprietor or an authorised user has caused it to become liable to mislead the public as a collective mark; or
- (b) the proprietor has failed to observe, or to secure the observance of, the regulations governing the use of the mark.
| Ground | Focus | Link to earlier sections |
|---|---|---|
| (a) | The way the mark has been used has made it liable to mislead the public as a collective mark | Echoes the bar in section 62 at the registration stage |
| (b) | The proprietor has not observed, or secured observance of, the regulations | Regulations under sections 63-66 |
Ground (b) places a duty on the proprietor in two parts: to observe the regulations itself, and to secure that members observe them. An association that never enforces its sanctions against misuse is exposed.
Explanations
Explanation I. For the purposes of Chapter VIII, 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 the Act, use of a collective mark by an authorised user is deemed to be the use by the registered proprietor. This helps the association when a non-use application is made under section 47: members' sales count as the association's use. See Section 47.
Procedure under the Rules
The Trade Marks Rules, 2017 as notified say, in rule 135, that an application for removal of a collective mark from the register is made in Form TM-O and sets out the particulars of the grounds. The procedure in rules 97 to 100 applies with the necessary changes. Rule 97 asks for a statement of the nature of the applicant's interest, the facts and the relief; rule 98 gives the proprietor two months from receipt for a counterstatement, with a limited extension. The fee is in the First Schedule; no amount is given here. Check the Rules as currently amended. The same Form TM-O is used for sections 47, 57, 68 and 77 applications.
Example. The Anand Milk Cooperative Association owns a collective mark used by its member dairies. A competitor sells milk under a near-identical mark and the Association sues. The court takes into account the sales members lost and directs that the Association hold a stated share of any damages for the dairies. Separately, a rival dairy applies for removal, alleging that the Association never checked that members complied with its quality rules. If that were shown, ground (b) would be available: the proprietor failed to secure observance of the regulations.
Practical points
- Collect evidence of members' losses before suing; section 67 directs the court to consider them.
- Enforce the regulations. Ground (b) turns on observance by the proprietor and by members.
- Control how the mark is presented. Ground (a) looks at the way the mark has been used.
- Record who is an authorised user. The status derives from membership and authorisation.
- Keep proof of members' use for non-use defences; Explanation II deems it the proprietor's use.
Need help enforcing a collective mark?
Where a collective mark is being copied, the proprietor, not the individual member, leads the action. Our trademark infringement notice team can prepare the notice, document the loss to your members and guide the next steps.
Key takeaways
- In an infringement suit by the proprietor of a collective mark, the court takes into account losses of authorised users.
- The court may direct how far the plaintiff holds the proceeds of a pecuniary remedy on behalf of authorised users.
- A collective mark may also be removed if its use has made it liable to mislead the public as a collective mark.
- It may also be removed if the proprietor has failed to observe, or secure observance of, the regulations.
- An authorised user is a member authorised to use the mark; its use is deemed use by the proprietor.
- Form TM-O is named for removal applications; rules 97 to 100 apply.
Read next
- Sections 65-66: collective mark regulations, inspection and amendment
- Section 57: cancellation, variation and rectification of the register
- Sections 69-70: certification trade marks, excluded provisions and registration
- Civil remedies for trademark infringement: injunction and damages
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.