M.A. Sattar & Ors. VS. State Of A.P.

Extract

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M.A. Sattar & Ors. VS. State Of A.P.

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDCTION

CIVIL APPEAL N1O. 3639 OF 2008 (Arising out of SLP (C) No.5542 of 2006) Kabushiki Kaisha Toshiba Versus TOSIBA Appliances Co. & Ors.

JUDGMENT

S.B. Sinha, J.

1. Leave granted.

INTRODUCTION 2. Jurisdiction of a Registrar of Trade Mark to remove the registered mark from the register maintained by it on the ground of non-use as

2 contained in Section 46 of the Trade and Merchandise Marks Act, 1958 is the question involved in this appeal which arises out of a judgment and order dated 8.12.2005 passed by a Division Bench of the Calcutta High Court dismissing an appeal being CAL No.573 arising out of a judgment and order dated 28.9.1993 passed by a learned Single Judge of the High Court affirming the final order dated 24.2.1992 passed by the Deputy Registrar, Trade Marks.

BACKGROUND FACTS 3. The factual matrix obtaining herein shorn of all unnecessary details is as under : Appellant claims itself to be the largest manufacturer of Heavy Electrical apparatus in Japan. The establishment started in the name of Shibaura Engineering Works in the year 1857. In 1890, Hakunetshu-Sha and Company Ltd. established the first plant for electric incandescent lamps in Japan. It later on diversified its product into consumer products.

Hakunetshu-Sha and Co. Ltd. was renamed as Tokyo Electric Company in the year 1899. Shibaura Engineering Works Company Ltd. merged with Tokyo Electric Company to form Tokyo Shibaura Electric Company in the year 1939. However, the name of the company was changed to Kabushiki

3 Kaisha Toshiba (for short, TOSHIBA) adopted the mark TOSHIBA in which `TO' was taken from the Tokyo and `SHIBA' was taken from the word Shibaura.

4. An application was filed for registration of eight items of electrical apparatuses which fall in Class 07 of the Rules framed under the 1958 Act being : "Current generators, induction motors (electric), electric washing machines, compressors (machinery) and electric tool set consisting of electric drills (machines), spin dryers and can openers being electrically operated tools, all being goods include in class 7."

5. Registration was granted in respect of the said items being Trade Mark No.273758. Other registeration numbers were given in favour of the said group in respect of some other goods falling under Class IX and XI.

6 herein is an Indian company. It claims t...

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