Supreme Court · 2008 INSC 1479 · Decided 18 December 2008
M/S. Thukral Mechanical Works v. P.M. Diesels PVT. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1479 · [2008] 17 S.C.R. 1161
- Case number
- CIVIL APPEAL No. 7404/2008
- Decided
- 18 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Trade and Merchandise Marks Act, 1958: Registered. owner of trade mark - Rights of - Held: Registration of trade mark confers a valuable right - The c person in whose name the trade mark is registered may take action against any person for passing off the goods as that of the registered owner - right of use of the trade mark in relation to the; goods in which the trade mark is registered - The same is an assignable right in terms p of Section 36 of the Act, whereas an unregistered trade mark is not. s. 46 - Non us~r of mark - Consequences of- Held: Non "\ user of mark would
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