Supreme Court · 1996 INSC 668 · Decided 10 May 1996
Cycle Corporation of India LTD. v. T.I. Raleigh Industries PVT. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 668 · [1996] SUPP. 2 S.C.R. 820
- Case number
- CIVIL APPEAL No. 8266/1996
- Decided
- 10 May 1996
- Bench
- K. RAMASWAMY, FAIZAN UDDIN, G.B. PATTANAIK (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act
Headnote
17Je Trade & Merchandise Marks Act, 1958 (43 of 1958)-Sections 46(l)(b) and 48(2)-Trade Mark-Bonafide use of-Admittedly, registered proprietor using the trade mark through pennitted user vide an agreement-Ap~ C pellant succeeded pemtitted user by statut01y operation-Appellant using the trade agreement period, application for rectification of the trade mark filed before High Court-Plea that after expi1y of the agreement period, the trade mark was not used by tiie registered proprietor, neither appellant nor the pemtitted user was a registered D user-Rejection of application by High
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