A trademark registered in breach of section 9(1) of the Trade Marks Act can be further validated by proving

Under section 32 of the Trade Marks Act, 1999, a mark registered in breach of section 9(1) shall not be declared invalid if, through the use made of it after registration and before any proceedings challenging it, it has acquired a distinctive character for the goods or services for which it is registered. Such a mark lacked distinctiveness of its own when registered, “declared distinctiveness” is not a ground known to the Act, and honest concurrent use under section 12 answers conflicts with earlier marks, not a section 9(1) defect.