American Home Products Corporation v. Mac Laboratories Private Limited & Anr.

Brief facts

Mac Laboratories applied to rectify the register by removing the appellant's mark for non-use. The Registrar of Trade Marks, Calcutta dismissed the application, but a Single Judge of the Calcutta High Court allowed the respondent's appeal.

Issues before the Court

Whether the appellant's registration, obtained on the basis of proposed use through an Indian registered user, was liable to be removed.

Court's findings

The Court reversed the Single Judge and upheld the Registrar's dismissal of the rectification application.

Decision

Appeal allowed; the respondent's appeal before the Single Judge dismissed with costs and the Registrar's order confirmed; costs of the appeal to the appellant.

Important paragraph references

Concluding paragraph: disposal. Read the judgment for the detailed discussion of Sections 18, 46 and 48.

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