Sections 75-76 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.
A certification trade mark has its own infringement rules, because the ordinary infringement section (section 29) does not apply to it. Section 75 says who infringes. Section 76 lists acts that do not infringe, so that those who lawfully handle certified goods can mention or pass on the mark. If a lookalike of your certification mark is appearing on uncertified products, our trademark infringement notice team can prepare a notice and advise on action.
The right conferred by section 78 is infringed by a person who is neither the registered proprietor nor a person authorised under the regulations (using the mark in accordance with them), and who uses in the course of a trade a mark identical with, or deceptively similar to, the certification trade mark, for goods or services for which it is registered, in such manner as to render the use likely to be taken as use as a trade mark (section 75). Section 76 lists acts that are not infringement, including use outside the limits of the registration, use on goods certified and marked by the proprietor or an authorised person, and use to show that goods are adapted to form part of or be accessory to certified goods.
Why a separate section
Section 69 lists section 29 (infringement) and section 30 (limits on the effect of registration) among the provisions that do not apply to certification trade marks. Chapter IX therefore supplies its own pair: section 75 for infringement and section 76 for exceptions. See Sections 69-70. For the ordinary infringement test, see Section 29.
Section 75: what infringes
"The right conferred by Section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under Section 74, using it in accordance therewith, uses in the course of a trade, a mark, which is identical with, or deceptively similar to the certification trade mark in relation to any goods or services in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken as being a use as a trade mark."
| Element | What the text says |
|---|---|
| The right infringed | The right conferred by section 78 (exclusive right to use the mark, subject to conditions and limitations) |
| Who may infringe | A person who is not the registered proprietor, and not a person authorised under the section 74 regulations using it in accordance with them |
| Conduct | Uses in the course of a trade a mark identical with or deceptively similar to the certification mark |
| For what | Goods or services in respect of which it is registered |
| Manner | So as to render the use likely to be taken as being a use as a trade mark |
Three features stand out.
- Authorised use is protected, but only if in accordance with the regulations. An authorised person who uses the mark contrary to the regulations falls outside the carve-out in section 75.
- "Identical with, or deceptively similar". Deceptively similar is defined in section 2(1), meaning that the mark so nearly resembles the other as to be likely to deceive or cause confusion. See Section 2.
- "Likely to be taken as being a use as a trade mark". The use must look like trade-mark use. Descriptive references that do not look like a brand are a different matter, dealt with in section 76.
Section 75 is tied to goods or services "in respect of which it is registered". The general remedies available to a proprietor are described in civil remedies for trademark infringement.
Section 76: acts not constituting infringement
Section 76(1) begins: "Notwithstanding anything contained in this Act, the following acts do not constitute infringement of the right to the use of a registered certification trade mark—".
Clause (a): use beyond the limits of the registration
Where a certification trade mark is registered subject to conditions or limitations entered on the register, use of the mark in any mode, in relation to goods to be sold or traded in any place, goods to be exported to any market, or services for use or available in any place, country or territory, or in any other circumstances, to which, having regard to those limitations, the registration does not extend, is not infringement. The registration's reach is set by the limitations.
Clause (b): certified goods already marked
The use of a certification trade mark in relation to goods or services certified by the proprietor is not infringement if, as to those goods or services, or a bulk of which they form part, the proprietor, or another in accordance with his authorisation under the regulations, has applied the mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the mark.
So a retailer who sells genuine certified goods carrying the mark applied by the certifier or an authorised producer does not infringe by selling or advertising them as certified. The proviso is in sub-section (2): clause (b) does not apply where the mark was applied to goods or services in a way that is contrary to the regulations.
Clause (c): adapted and accessory goods
Use of a certification mark in relation to goods or services adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement (or might for the time being be so used) is not infringement, if:
- the use of the mark is reasonably necessary to indicate that the goods or services are so adapted; and
- neither the purpose nor the effect of the use is to indicate otherwise than in accordance with the fact that the goods or services are certified by the proprietor.
This covers, for example, an accessory maker who states that its product fits goods bearing the certification mark. The words "reasonably necessary" and the "purpose or effect" limit keep it honest.
Sub-section (2): the regulations override clause (b)
"Clause (b) of sub-section (1) shall not apply to the case of use consisting of the application of a certification trade mark to goods or services, notwithstanding that they are such goods or services as are mentioned in that clause if such application is contrary to the regulations referred to in that clause."
In plain terms: if someone applies the mark to goods in breach of the regulations, they cannot shelter behind clause (b), even if the goods are of the certified kind.
Sub-section (3): identical or similar marks on the register
"Where a certification trade mark is one of two or more trade marks under this Act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks."
This parallels the rule for ordinary marks: where more than one registered mark are identical or nearly resemble each other (for example under section 12 concurrent registration), a proprietor using its own mark in exercise of its registered right does not infringe the other. See Section 12.
Summary table
| Provision | Effect |
|---|---|
| Section 75 | Use by an unauthorised person of an identical or deceptively similar mark, for registered goods or services, as a trade mark, is infringement |
| 76(1)(a) | Use outside the limits of a limited registration is not infringement |
| 76(1)(b) | Use on goods certified and marked by the proprietor or an authorised person is not infringement |
| 76(1)(c) | Use to show adaptation or accessory status is not infringement if reasonably necessary and truthful |
| 76(2) | Clause (b) does not protect application contrary to the regulations |
| 76(3) | Use of one of several identical or similar marks in exercise of its registered right is not infringement of the others |
Example. An invented certifier, the "Pure Silk Council", certifies silk fabrics. A shop sells genuine saris bearing the Council's mark applied by an authorised weaver; clause (b) protects that sale. A different mill prints the Council's mark on a polyester fabric without authority. That is use in the course of trade of the mark on goods for which it is registered, as a trade mark, by an unauthorised person; section 75 applies. A cushion-cover maker that says its covers fit "Pure Silk Council certified" fabric, only to indicate adaptation, may be within clause (c).
Practical points
- Check the regulations first. Section 75's carve-out for authorised users depends on use "in accordance therewith".
- Keep records of authorisations and any breach by authorised users.
- Use the right notice. A copied mark on uncertified goods is the core case; a retailer of genuine certified goods is not.
- Check the limits entered on the register; section 76(1)(a) turns on them.
- Know the court route. Suits are covered in sections 134 and 135 of the Act.
Need help acting against a copied certification mark?
If your certification mark is being used on goods you have not certified, the evidence and the wording of the notice matter. Our trademark infringement notice team can review your regulations and register entry, send the notice and advise on the next step.
Key takeaways
- Section 75 is the infringement provision for certification trade marks; section 29 does not apply.
- Infringement is use in the course of a trade, by someone who is neither the proprietor nor an authorised user acting in accordance with the regulations, of an identical or deceptively similar mark, for registered goods or services, as a trade mark.
- Section 76 lists acts that are not infringement: use beyond registration limits, use on certified goods marked by the proprietor or an authorised person, and use to show adaptation or accessory status.
- Application of the mark contrary to the regulations is not protected by clause (b).
- Use of one of several identical or similar marks in exercise of its own registered right is not infringement of the others.
Read next
- Sections 73-74: opposition and regulations for certification marks
- Sections 77-78: cancellation of certification marks and rights conferred
- Section 29: infringement of registered trade marks
- Trademark infringement: what constitutes it and remedies
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.