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Section 32 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 32. Registration to be conclusive as to validity after seven years

Subject to the provisions of Sees. 35 and 46, in all legal proceedings relating to a trade mark registered in Part A of the register (including applications under Sec. 56) the original registration of the trade mark shall, after the expiration of seven years from the date of such registration, be taken to be valid in all respects unless it is proved-

(a) That the original registration was obtained by fraud; or

(b) That the trade mark was registered in contravention of the provisions of Sec. 11 or offends against the provisions of that section on the date of commencement of the proceedings; or

(c) That the trade mark was not, at the commencement of the proceedings, distinctive of the goods of the registered proprietor.

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The Trade and Merchandise Marks Act,1958

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