Section 32 in The Trade And Merchandise Marks Act, 1958
32. Registration to be conclusive as to validity after seven years.
- Subject to the provisions of section 35 and section 46, in all legal proceedings relating to a trade mark registered in Part AA f the register (including applications under section 56), the original years from the date of such registration , be taken to be valid in all respects unless it is proved-(a)that the original registration was obtained by fraud; or(b)that the trade mark was registered in contravention of the provisions of section 11 or offends against the provisions of that section on the date of commencement of the proceedings; or(c)that the trade mark was not, at the commencement of the proceedings, distinctive of the goods of the registered proprietor.
