Section 35(2) in The Trade And Merchandise Marks Act, 1958
(2)Where the facts mentioned in clause (a) or clause (b) of the proviso to sub-section (1) are proved with respect to any words,(a)for the purposes of any proceedings under section 56-0(i)if the trade mark consists solely of such words the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, shall be deemed to be an entry wrongly remaining on the register;(ii)if the trade mark contains such words and other matter, the tribunal in deciding whether the trade mark shall remain on the register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may, in case of a decision in favour of its remaining on the register, require as a condition thereof that the proprietor shall disclaim any exclusive right to the use in relation to that article or substance and any goods of the same description, of such words:Provided that no disclaimer shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made;(b)for the purposes of any other legal proceeding relating to the trade make,-(i)if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark in relation to the article or substance in question or to any goods of the same description; or(ii)if the trade mark contains such words and other matter, all such rights of the proprietor to the use of such words, in such relation as aforesaid;shall be deemed to have ceased on the date at which the use mentioned in clause (a) of the proviso to sub-section (1) first became well-known and established, or at the expiration of the period of two years mentioned in clause (b) of the said proviso.
