Supreme Court · 2008 INSC 726 · Decided 16 May 2008

Kabushiki Kaisha Toshiba v. Toshiba Appliances CO. and Ors .

Court
Supreme Court of India
Citation
2008 INSC 726 · [2008] 9 S.C.R. 670
Case number
CIVIL APPEAL No. 3639/2008
Decided
16 May 2008
Bench
S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

I- -i?.( ni TRADE AND MERCHANDISE MARKS ACT, 1958: 21 § -io ss. 46 and 56 - Application for rectification of registered f'(ff!de mark - Trade mark sought to be rectified, being renewed _frfym time to time - Company maintaining service centers in ~ia - No intention on the right - Suit filed Jilljainst applicant - No injunction against applicant granted - tf.pp/icant not manufacturing relevant items - HELD: There @ was delay on part of applicant in filing application - Applicant did not show as to how it would be injured if trade mark was 'fillowed to stand

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