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Union of India - Section

Section 32 in 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.