Sections 69-70 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 IX of the Act is about certification trade marks, the marks that tell a buyer that goods or services meet a standard set by an independent certifier. Section 69 lists the provisions of the Act that do not apply to such marks. Section 70 says who cannot register one: a person who trades in the goods or services being certified.
A certification trade mark is a mark capable of distinguishing goods or services certified by the proprietor in respect of origin, material, mode of manufacture, performance of services, quality, accuracy or other characteristics, from goods or services not so certified, registrable under Chapter IX. Section 69 switches off a list of ordinary provisions for these marks, including parts of section 9, sections 18, 20 and 21 (except as the Chapter applies them), sections 28 to 30, 41, 42, 47 to 50, 52, 54, section 56(2) and Chapter XII (except section 107). Section 70: a mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods or services of the kind certified.
What a certification trade mark is
Section 2(1) defines a "certification trade mark" as a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified, and registrable as such under Chapter IX in the name, as proprietor of the certification trade mark, of that person. See Section 2 definitions.
The owner is a certifier, not a seller. Other traders use the mark on goods that meet the certifier's standard. Our overview of certification trade marks under the Act describes the idea in plain terms.
If a standards body, association or testing organisation wants to register a certification scheme, our trademark registration service can prepare the application, the draft regulations and the filings that follow.
Section 69: provisions that do not apply
Section 69 says: "The following provisions of this Act shall not apply to certification trade marks, that is to say,—"
| Clause | Provisions excluded |
|---|---|
| (a) | Clauses (a) and (c) of sub-section (1) of section 9 |
| (b) | Sections 18, 20 and 21, except as expressly applied by this Chapter |
| (c) | Sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and sub-section (2) of section 56 |
| (d) | Chapter XII (offences, penalties and procedure), except section 107 |
Why these are switched off
The section does not give reasons, but the pattern is visible from the Act itself.
- Section 9(1)(a) and (c). These are two of the absolute grounds for refusal; the section 9 article explains them. For certification marks they do not apply. Other parts of section 9 remain. See Section 9.
- Sections 18, 20 and 21. These cover the application, advertisement and opposition for ordinary marks. Chapter IX has its own versions: section 71 applies sections 18, 19 and 22 with changes, and section 73 applies section 21 to the opposition. Hence the words "except as expressly applied by this Chapter".
- Sections 28, 29 and 30. These deal with rights conferred by registration, infringement and the limits on the effect of registration. Certification marks have their own provisions: infringement in section 75, exceptions in section 76 and rights in section 78. See Sections 75-76.
- Sections 41 and 42. These are restrictions on assignment, covered in earlier articles; section 43 applies its own rule to certification marks. See Sections 43-44.
- Sections 47 to 50, 52, 54 and 56(2). Non-use removal, registered users and their rights, and the "form of connection" rule do not apply, since a certification mark is used by authorised persons under the regulations and not by licensees of a trader.
- Chapter XII, except section 107. The offences chapter is excluded, other than section 107, which deals with falsely representing a mark as registered. See Sections 106-109.
The text does not say that other sections in the list are replaced one-to-one; what it says is that these provisions "shall not apply". For anything in the Act not in the list, the general rule in section 2(2)(a) is that a reference to "trade mark" includes a "certification trade mark", unless the context otherwise requires.
A note on later amendment: the Jan Vishwas (Amendment of Provisions) Act, 2023 changed provisions in Chapter XII (omitting some sections and substituting the penalty in section 107(2)). Section 69 itself is not touched. Check the current text of Chapter XII before relying on the "except section 107" exception.
Section 70: who cannot register a certification trade mark
"A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified."
| Element | Meaning |
|---|---|
| Bar | The mark shall not be registrable as a certification trade mark |
| Applies to | A person who carries on a trade in goods of the kind certified, or in the provision of services of the kind certified |
| Purpose | To keep the certifier independent of the businesses whose goods it certifies |
The logic is simple. A body that both certifies rice and sells rice has an interest in the verdict. Section 70 prevents that overlap. The bar applies to the person in whose name the mark is to be registered, and the test is whether that person carries on a trade in goods or services of the kind certified. A body can certify a type of goods it does not trade in.
The Act does not say what counts as "of the kind certified"; it should be read in the context of the regulations and the goods in the application. Registered certification marks must also be accompanied by regulations; see Sections 71-72.
Example. The Indian Spice Quality Council, an independent body that tests and certifies spice purity, applies for a certification trade mark for "certified pure" spices. It does not trade in spices. Section 70 does not stand in its way. If the Council also ran a retail spice shop, it would be a person who carries on a trade in goods of the kind certified, and the bar would apply. A packer of spices, on the other hand, could be an authorised user of the certification mark under the regulations, but could not be its registered proprietor.
Rules
The Trade Marks Rules, 2017 as notified contain Part III (rules 136 to 141) on certification trade marks. The application is made in Form TM-A with draft regulations (rule 137). The fee is in the First Schedule; no amount is given here. Check the current Rules, as they can be amended.
Practical points
- Check your own business activities before applying. If you trade in the kind of goods or services you certify, you cannot register the mark.
- Do not plan for registered users. Sections 48 and 49 do not apply; authorised use is governed by the regulations.
- Do not rely on the ordinary infringement section. Sections 29 and 30 do not apply; read sections 75 and 76.
- Remember removal grounds differ. Section 47 non-use is excluded; section 77 has the grounds for certification marks.
- Use the Chapter's own procedure for application, opposition and regulations.
Need help with a certification mark?
A certification scheme needs an eligible proprietor, workable regulations and the right route through Chapter IX. Our trademark registration team can check eligibility under section 70, prepare the application and regulations and respond to the Registry.
Key takeaways
- A certification trade mark distinguishes goods or services certified by the proprietor from those not certified.
- Section 69 disapplies listed provisions, including parts of section 9, sections 18, 20 and 21 (except as the Chapter applies them), sections 28 to 30, 41, 42, 47 to 50, 52, 54, section 56(2) and Chapter XII except section 107.
- Chapter IX has its own provisions for application, opposition, regulations, infringement and removal.
- Section 70 bars registration in the name of a person who carries on a trade in goods or services of the kind certified.
- Form TM-A with draft regulations is named in the Rules.
Read next
- Sections 71-72: certification mark applications and the Registrar's consideration
- Sections 73-74: opposition and regulations for certification marks
- Sections 75-76: infringement of certification trade marks and exceptions
- Certification trade marks under the 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.