Section 9(3) in The Trade And Merchandise Marks Act, 1958
(3)For the purposes of this Act, the expression "distinctive" in relation to the goods in respect of which a trade mark is proposed to be registered, means adapted to distinguish goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connection subsists either generally or, where the trade mark is proposed to be registered subject t limitations, in relation to sue within the extent of the registration.
