Section 46(3) in The Trade And Merchandise Marks Act, 1958
(3)An applicant shall not be entitled to rely for the purpose of clause (b) of sub-section (1) for the purposes of sub-section (2) on any non-use of a trade mark which is shown to have been due to special circumstances in the trade and not to any intention to abandon or not to use the trade mark in relation to the goods to which the application relates.
