Supreme Court · 2003 INSC 476 · Decided 12 September 2003
Hardie Trading LTD. and ANR. v. Addisons Paint and Chemicals LTD.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 476 · [2003] SUPP. 3 S.C.R. 686
- Case number
- CIVIL APPEAL No. 5307/1993
- Decided
- 12 September 2003
- Bench
- RUMA PAL, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Trade and Merchandise Marks Act, 1958 s.46 (1)(3) r/w 2(2)(b), 48(2) r/w 2(m)-Removal of registered trademark on ground of non-user­ Registered user agreement between H, inventor and holder of registered C trademarks comprising words 'Spartan' and 'Spartan Ve/ox' and rear picture of upper body ', a manufacturer of paints and other surface cuttings with technical know-how supplied by H- 'A's application for registration of H's trademarks rejected on grounds of identity and D deceptive similarity- 'A' thereafter applying for rectification of register for deletion of H's
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