The Trade Marks Act,1999
32. Protection of registration on ground of distinctiveness in certain cases.—
Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive character in relation to the goods or services for which it is registered.
Meaning of the expression ’distinctive in relation to the goods’
The expression ’distinctive in relation to the goods’ in respect of which a trade mark is proposed to be registered, means adapted to distinguish goods with which the proprietor of the trade mark is or may be connected in course of trade from goods in the case of which no such connection subsists either generally or, where the trade mark is proposed to be registered subject to limitations in relation to use within the extent of registration; Imperial Tobacco Co. of India Ltd. v. Registrar of Trade Mark, AIR 1977 Cal 413. See also Consolidated Food Corp. v. Brandon & Co., AIR 1965 Bom 35.