Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Trade and Merchandise Marks Act, 1958

Sunday, February 20, 2011
Trade and Merchandise Marks Act, 1958

Trade and Merchandise Marks Act, 1958 — Section 46 and Section 56 — Whether the application is under Section 46 or under Section 56 or a composite application under both Sections, it is a pre-requisite that the applicant must be a person aggrieved.

 
Trade and Merchandise Marks Act, 1958

Trade and Merchandise Marks Act, 1958 — Section 46(1) — Held, Section 46(1) of the 1958 Act enables any person aggrieved to apply for removal of registered trade mark from the register on the ground of non use as stated in Clause (a) and/or Clause (b).  

 
Trade and Merchandise Marks Act, 1958

Trade and Merchandise Marks Act, 1958 — Section 56 — Held, Section 56 provides for varying situations in which the person aggrieved may apply for rectification of the registered trade mark from the register.

 
Trade and Merchandise Marks Act, 1958

Trade and Merchandise Marks Act, 1958 — Section 46 — Aggrieved person — To be an aggrieved person under Section 46, he must be one whose interest is affected in some possible way; it must not be a fanciful suggestion of grievance — A likelihood of some injury or damage to the applicant by such trade mark remaining on the register may meet the test of locus standi.  

 
Trade and Merchandise Marks Act, 1958

Trade and Merchandise Marks Act, 1958 — Section 46(1) — In terms of Section 46(1), not only that the applicant has to show that he is an aggrieved person as his interest is being affected but the IPAB must also be satisfied, before it directs the removal of registered trade mark, that the applicant is an aggrieved person before it invokes the power in directing the removal of the registered trade mark — This is so because the pre-requisite for exercise of power under Section 46(1) is that the applicant is a person aggrieved.

 
Trade and Merchandise Marks Act, 1958

Trade and Merchandise Marks Act, 1958 — Section 46 and Section 56 — Whether it is sufficient for the applicant to show that he is a person aggrieved when he makes his application or he must continue to remain a person aggrieved until such time as the rectification/removal application is finally decided? — Held, he must continue to remain a person aggrieved until such time as the rectification/removal application is finally decided.

 
Trade and Merchandise Marks Act, 1958

Trade and Merchandise Marks Act, 1958 — Section 46 and Section 56 — Difference between — Although both sections, namely, Sections 46 and 56 require ‘person aggrieved’ to apply for removal of the registered trade mark from the register or rectification of a trade mark in the register, the expression ‘person aggrieved’ for the purposes of these two Sections has different connotations — Section 46 speaks for private interest while Section 56 speaks of a public interest.

 
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