(2)Where the facts mentioned in clause (a) or clause (b) of the proviso to sub-section (1) are proved with respect to any words, then,—(a)for the purpose of any proceedings under section 57 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, or of the services or of any services of the same description, as the case requires, shall be deemed to be an entry wrongly remaining on the register;(b)for the purposes of any other legal proceedings relating to the trade mark,—(i)if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark; or(ii)if the trade mark contains such words and other matter, all such right of the proprietor to the use of such words,in relation to the article or substance or to any goods of the same description, or to the service or to any services of the same description, as the case requires, shall be deemed to have ceased on the date on which the use mentioned in clause (a) of the proviso to sub-section (1) first became well known and established or at the expiration of the period of two years mentioned in clause (b) of the said proviso.[Chapter IVA - Special Provisions Relating to Protection of Trade Marks through International Registration under the Madrid Protocol Ins. by Act 40 of 2010, s. 5 (w.e.f. 8-7-2013)]
