The provisions of Part I of these rules shall, in their application to certification Trade Marks, apply only subject to the provisions of this Part.
(1) An application for the registration of a certification trademarks for goods or services under sub-section (1) of section 71 shall be made to the Registrar in Form TM-A along with the draft regulations.
(2) References in Part I of the rules to the acceptance of an application for the registration of a trademark, shall, in their application to certification trademark, be substituted by references to authorisation to proceed with the application.
(3) The address in India, if any, of an applicant to register a certification trademark shall be deemed to be the address of his principal place of business in India for all the purposes for which such an address is required by the rules.
(4) The regulation governing a certification trademark shall specify, inter alia—
(a) a description of the applicant;
(b) the nature of the applicant's business;
(c) the particulars of infrastructure like Research and Development, technical manpower support;
(d) the applicant's competence to administer the certification scheme;
(e) the applicant's financial arrangement;
(f) an undertaking from the applicant that there will be no discrimination of any party if they meet the requirements set down in the regulations;
(g) the characteristic, which the trademark will indicate in the certified goods or in relation to the rendering of certified services;
(h) the manner of monitoring the use of the trademark in India; and
(i) such other relevant particulars as may be called for by the Registrar.
The applicant shall submit to the Registrar along with his application a statement of case setting out the grounds on which he relies in support of his application.
The provisions related to examination, hearing, opposition, registration and renewal of trademarks shall apply mutatis mutandis in respect of certification trademarks.
An application for cancellation or variation of registration of a certification trademark on any of the grounds mentioned in section 77 shall be made in Form TM-O and shall set forth particulars of the grounds on which the application is made. The provisions of rule 97 to 100 shall apply mutatis mutandis to further proceedings in the matter.
(1) An application by the registered proprietor of a certification trademark under sub-section (2) of section 74 to alter the deposited regulation shall be made in Form TM-M and where the Registrar decides to permit such alteration it shall be advertised in the Journal and further proceeding in the matter shall be governed by rules 42 to 51.
(2) An application for the consent of the Registrar to the assignment or transmission of a certification trademark under section 43 shall be made in Form TM-P.