Trademark Court January 2005 Judgments
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Kabushiki Kaisha Toshiba Vs. Tosiba Appliances Co.
Court: Trademark
Decided on: Jan-12-2005
Reported in: (2005)(30)PTC188Reg
1. This order disposes of two rectification proceedings dated 7.8.1989.In these proceedings, Tosiba Appliances Co., having place of business at A-24-A, Street No. 4, Industrial Area Anand Parbat, New Delhi (hereinafter referred to as applicant for rectification or petitioner) applied for rectification of the register by removal therefrom the trade mark TOSHIBA' registered under Nos. 160442 & 160443 in class 9 & 11 respectively in the name of Kabushiki Kaisha Toshiba also trading as Toshiba Corporation, Japan who are hereinafter referred to as registered proprietor or respondent under the provisions of the Trade & Merchandise Marks Act, 1958 and Rules framed thereunder read with the relevant provisions of the Trade Marks Act, 1999 and Rules framed thereunder on the following grounds:- (1) That the said trade mark TOSHIBA was wrongly registered and wrongly remains on the Register of Trade Marks and the entry of the mark was made without sufficient cause. (2) That the trade m...
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