Saving for words used as name or description of an article or substance or service.
36. (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 or service :
Provided that, if it is proved either-
| (a) | - | that there is a well known and established use of the said word as the name or description of the article or substance or service by a person or persons carrying on trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark or (in the case of a certification trade mark) in relation to goods or services 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 of sub-section (2) shall apply.
(2) Where the facts mentioned in clause (
a)or clause (
b)of the proviso to sub- section (1) are proved with respect to
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