law: Trade Marks Act, 1999  
  47. Removal from register and imposition of
  
  limitations on ground of non-use.- 
  (1) A register trade mark may be taken off the
  
  register in respect of the goods or services in respect of which it is
  
  registered on application made in the prescribed manner to the Registrar or the
  
  Appellate Board by any person aggrieved on the ground either- 
  (a) that the trade
  
  mark was registered without any bona fide intention on the part of the
  
  applicant for registration that it should be used in relation to those goods or
  
  services by him, or in a case to which the provisions of section 46 apply, by
  
  the company concerned or the registered user, as the case may be, and that
  
  there has, in fact, been no bona f-de use of the trade mark in relation to
  
  those goods or services by any proprietor thereof for the time being up to a
  
  date three months before the date of the application, or
  (b) that up to a date
  
  three months before the date of the application, a continuous period of five
  
  years from the date on which the trade mark is actually entered in the register
  
  or longer had elapsed during which the trade mark was registered and during
  
  which there was no bona fide use thereof in relation to those goods or services
  
  by any proprietor thereof for the time being.
  Provided  that except where the applicant has
  
  been permitted under section 12 to register an identical or nearly resembling
  
  trade mark in respect of the goods or services in question or where the
  
  tribunal is of opinion that the might properly be permitted so to register such
  
  a trade mark, the tribunal may refuse an application under clause
  (a) or clause (b) in relation to any goods or
  
  services, if it is shown that there has been, before the relevant date or
  
  during the relevant period, as the case may be, bona fide use of the trade mark
  
  by any proprietor thereof for the time being in relation to any goods or
  
  services, if it is shown that there has been, before the relevant date on
  
  during the relevant period, as the case may be, bona fide use of the trade mark
  
  by any proprietor thereof for the time being in relation to- 
  (i) goods or services of the same description,
  
  or
  (ii) goods or services associated with those
  
  goods or services of that description being goods or services, as the case may
  
  be, in respect of which the trade mark is registered.
  (2) Where in relation to any goods or services
  
  in respect of which a trade mark is registered- 
  (a) the circumstances
  
  referred to in clause (b) of sub-section (1) are shown to exist so far as
  
  regards non-use of the trade mark in relation to goods to be sold, or otherwise
  
  traded in a particular place in India (otherwise than for export from India),
  
  or in relation to goods to be exported to a particular market outside India, or
  
  in relation to services for use or available for acceptance in a particular
  
  place in India or for use in a particular market outside India, and
  (b) a person has been
  
  permitted under section 12 to register an identical or nearly resembling trade
  
  mark in respect of those goods, under a registration extending to use in
  
  relation to goods to be so sold, or otherwise traded in, or in relation to
  
  goods to be so exported, or in relation to services for use or available for
  
  acceptance in that country, or the tribunal is of opinion that he might property
  
  be permitted so to register such a trade mark.
  On application by that person in the
  
  prescribed manner to the Appellate Board or to the Registrar, the tribunal may
  
  impose on the registration of the first-mentioned trade mark such limitation as
  
  it thinks proper for securing that registration shall cease to extend to such
  
  use.
  (3) An applicant shall not be entitled to rely
  
  for the purpose of clause (b) of sub-section (1) or fore the purpose of
  
  sub-section (2) on any non-sue of a trade mark which is shown to have been due
  
  to special circumstances in the trade, which includes restrictions on the use
  
  of the trade mark in India imposed by any law or regulation and not to any
  
  intention to abandon or not to use the trade mark in relation to the goods or services
  
  to which the application relates.