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Kabushiki Kaisha Toshiba Vs. Tosiba Appliances Co.

Court : Trademark

Reported in : (2005)(30)PTC188Reg

..... the period mentioned in clause (a) of section 46(1) would make a trade mark liable to be taken off the register, it would result in great hardship and cause a large number of trade marks to be removed from the register because the moment one month has elapsed after the registration of a trade mark has been ordered, a trade rival can make an application on the ground set out in clause (a) of section 46(1) ..... proprietor thereof for the time being up to a date three months before the date of application; or (b) that up to a date three months before the date of application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation ..... the well known trade mark cannot be removed even on non-use under section 11(2) of the act and that applicants had a knowledge of use reputation and registration of the trade mark toshiba at the time of adoption of his mark and filed these proceedings as a counter blast after receiving a legal notice from the registered proprietor and as such the present proceedings of rectification being absured fictitious, frivolous and ..... in my view, the trade mark law is not intended to protect a person who deliberately sets out to take the benefit of somebody else's reputation with reference to goods ..... tosiba in respect of domestic electrical appliances viz. ..... 2005 and sealed at chennai on 31.1.2005 .....