Section 103(2) in The Trade And Merchandise Marks Act, 1958
(2)If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or is not capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice f withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.
