Section 61(3) in The Trade And Merchandise Marks Act, 1958
(3)In determining whether a certification trade mark is adapted to distinguish in accordance with the provisions of clause (c) of sub-section (1) of section 2, the tribunal may have regard to the extent to which-(a)the mark is inherently so adapted to distinguish in relation to the goods in question; and(b)by reason of the use of the ark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question.
