The Bombay Government Gazette. Thursday 4th April 1940

(2) For the purposes of this section the expression distinctive " means adapted in relation to the goods in respect of which a trade mark is proposed to be registered to distinguish goods with which the prcprietor 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 prcposed to b [...] (2) The Registrar shall on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period renew the registration of the trade mark for a period of fifteen years from the date of expiration of the original registration or of the last renewal of registration as the case may be (which date is in this section referred to as the expiration of [...] as proprietor of a trade mark in respect of any goods - shall if valid give to that person the exclusive right to the use of the trade mark in relation to those goods and without prejudice to the generality of the foregoing provision that right shall be deemed to be infringed by any person who not being the proprietor of the trade mark or a registered user thereof using by way of the permitte [...] (2) The proprietor of a registered trade mark who proposes to assign it may submit to the Registrar in the prescribed manner a statement of case setting out the circumstances and the Registrar may issue to him a certificate stating whether having regard to the similarity of the goods and of the trade marks referred to in the case the proposed assignment would or would not be invalid under sub-se [...] 112 the application in writing in the prescribed manner of the registered proprietor of the trade mark ; (b) may be cancelled by the Registrar on the application in writing in the prekribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark ; (c) may be cancelled by the Registrar on the application in writing in the prescribed manner of