law: Trade Marks Act, 1999  
  36. Saving for words used as name or
  
  description or an article or substance or service.- 
  (1) The registration of a trade mark shall not
  
  be deemed to have become in valid 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 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 any
  
  words, then,- 
  (a) for the purpose of
  
  any proceeding under section 57 if the trade mark consist solely of such words,
  
  the registration of the trade mark, so far as regards registration in respect
  
  of the article or substance in question or of any goods of the same
  
  description, or of the services or of any services of the same description, or
  
  of the services or of any services of the same description, as the case
  
  requires, shall be deemed to be an entry wrongly remaining on the register.
  (b) for the purpose of
  
  any other legal proceedings relating to the trade mark,- 
  (i) if the trade mark
  
  consists solely of such words, all rights of the proprietor under this Act or
  
  any other law to the use of the trade mark, or
  (ii) if the trade mark
  
  contains such words and other matters, all such right of the proprietor to the
  
  use of such words, in relation to the article or substance or to any goods of
  
  the same description, or to the service or to any services of the same
  
  description, as the case requires, shall be deemed to have ceased on the date
  
  on which the use mentioned in clause (a) of the proviso to sub-section (1)
  
  first became well known and established or at the expiration of the period of
  
  two years mentioned in clause (b) of the said proviso.