Supreme Court · 2013 INSC 789 · Decided 27 November 2013
Lakha Ram Sharma v. Balar Marketing Private Limited & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 789 · [2013] 12 S.C.R. 735
- Case number
- CIVIL APPEAL No. 10679/2013
- Decided
- 27 November 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 14
Headnote
Trade and Merchandise Marks Act, 1958 - ss. 46 and A B 56 - Trade mark registered in favour of respondent no. 1 - Application of appellant for rectification of the registered Trade C Mark - Dismissal of - On the ground of delay - Held: On facts, not justified - It prejudiced the rights of the case adjudicated on merits - Appellant was pursuing its remedy with due diligence, without brooking any delay - There was not even a slightest delay on his part in challenging D the validity of the trade mark obtained by Respondent No. 1 - It is a different matter that the application was
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