Section 35(1) in The Trade And Merchandise Marks Act, 1958
(1)The registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any word or words which the trade mark contains or of which it consists as the name or description of an article or substance:Provided that, if it is proved either-(a)that there is a well-known and established use o the said word as the name or description of the article or substance by a person or person carrying on a trade therein, not being use in relation to goods connected in the course of trade with the proprietor so a registered user of the trade mark or (in the case of a certification trade mark) goods certified by the proprietor; or(b)that the article or substance was formerly manufactured under a patent, that a period of two years or more after the cesser of the patent has elapsed, and that the said word is the only practicable name or description of the article or substance;the provisions f sub-section (2) shall apply.
