Section 46(2) in The Trade And Merchandise Marks Act, 1958
(2)Where in relation to any goods in respect of which a trade mark is registered-(a)the circumstances referred to in clause (b) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market outside India; and(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;on application by that person in the prescribed manner to a High Court or to the Registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that the registration shall cease to extend to such use.
