https://www.taxtmi.com/caselaws?id=102104 A registered trade mark was held not liable to rectification where the evidence showed that the proprietor had not assigned away the mark and continued to exercise permission, supervision and quality control over its use. Use by the operating company, treated as a subsidiary under the proprietor's control, was capable of amounting to use by the proprietor itself. The plea of continuous non-user therefore failed, and no proved exception displaced the statutory protection attached to the registration. The allegations of assignment, absence of control and non-user were rejected, so cancellation was not warranted. en-us Fri, 12 Apr 1991 00:00:00 +0530 Mon, 13 Feb 2012 16:59:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=102104 A registered trade mark was held not liable to rectification where the evidence showed that the proprietor had not assigned away the mark and continued to exercise permission, supervision and quality control over its use. Use by the operating company, treated as a subsidiary under the proprietor's control, was capable of amounting to use by the proprietor itself. The plea of continuous non-user therefore failed, and no proved exception displaced the statutory protection attached to the registration. The allegations of assignment, absence of control and non-user were rejected, so cancellation was not warranted. Case-Laws Companies Law Fri, 12 Apr 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=102104