Section 46(2)(b) in The Trade And Merchandise Marks Act, 1958
(b)a person has been permitted under sub-section (3) of suction 12 to register an identical or nearly reassembling trade mark in respect of those goods under a registration extending to use in relation to goods to be s sold, or otherwise traded in, or in relation to goods to be so exported, or the tribunal is of opinion that he might properly be permitted as to registered such a trade mark;