Where a trade mark
is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of
the use which has been made of it, it has after registration and before commencement of any legal
proceedings challenging the validity of such registration, acquired a distinctive character in relation to the
goods or services for which it is registered.
advertisement
Section 32
Protection of Registration on Ground of Distinctiveness in Certain Cases.
The Trade Marks Act, 1999