Section 35(1)(a) in The Trade And Merchandise Marks Act, 1958

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Union of India - Subsection

Section 35(1)(a) in The Trade And Merchandise Marks Act, 1958

(a)that there is a well-known and established use o the said word as the name or description of the article or substance by a person or person carrying on a trade therein, not being use in relation to goods connected in the course of trade with the proprietor so a registered user of the trade mark or (in the case of a certification trade mark) goods certified by the proprietor; or

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Union of India - Subsection

Section 35(1)(a) in The Trade And Merchandise Marks Act, 1958