Case Note & Summary
The dispute arose from a trademark registration issue concerning the trademark 'KOHINOOR' in Class 30. The appellant filed for rectification of the trademark registered in the name of Respondent No.1, claiming non-usage for over five years. The Assistant Registrar allowed the application, modifying the trademark's usage to specific cities in Uttar Pradesh. Respondent No.1 challenged this decision in the Delhi High Court, which permitted broader usage across the entire state. The appellant subsequently filed appeals against the High Court's orders, arguing that the High Court erred in allowing the respondent to use the trademark statewide, contrary to the Assistant Registrar's limitations. The court analyzed the provisions of the Trade and Merchandise Marks Act, particularly Sections 46(1) and 46(2), which govern the rectification of trademarks based on non-usage. The court noted that the burden of proof for non-usage rested with the appellant, and the Assistant Registrar had found sufficient evidence of usage by the respondent. The court upheld the High Court's findings, stating that geographical restrictions would complicate enforcement and were unjust. Ultimately, the Supreme Court dismissed the appeals, affirming the High Court's decision without costs.
Headnote
A) Trademark Law - Rectification of Trademark - Non-usage of Trademark - Trade and Merchandise Marks Act, 1958, Sections 46(1), 46(2) - The appellant sought rectification of the trademark 'KOHINOOR' on grounds of non-usage by the respondent for over five years. The court held that the Assistant Registrar found no non-user during the relevant period, affirming the High Court's decision to allow broader usage of the trademark (Paras 10-13).
Issue of Consideration
Whether the High Court erred in permitting the second respondent to use the trademark 'KOHINOOR' in the entire State of Uttar Pradesh despite the appellant's registration.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's decision to allow the respondent to use the trademark 'KOHINOOR' across the entire State of Uttar Pradesh, finding no error in the High Court's reasoning.
Law Points
- Trademark registration
- rectification application
- bona fide use
- geographical limitations
- concurrent use
