Section 35(2)(a) in The Trade And Merchandise Marks Act, 1958

[Cites 0, Cited by 0] [Section 35(2)] [Section 35] [Entire Act]

Union of India - Subsection

Section 35(2)(a) in The Trade And Merchandise Marks Act, 1958

(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:

Legal Document View

Unlock Advanced Research with PRISMAI

Union of India - Subsection

Section 35(2)(a) in The Trade And Merchandise Marks Act, 1958