https://www.taxtmi.com/caselaws?id=108309 Removal of a registered trade mark for non-use requires the applicant to show locus as a person aggrieved, continuous statutory non-use, and no protection from special circumstances in trade. Permitted use by a registered user is treated as use by the proprietor, and ongoing efforts to arrange registered user use, with no intent to abandon, defeated rectification. Trade restrictions and adverse market conditions may qualify as special circumstances. Separate registration applications must independently establish proprietorship and a bona fide intention to use; prior use by another party and an ineffective assignment or consent arrangement could not support registration. On those principles, non-use rectification failed and the registration orders were set aside. en-us Fri, 12 Sep 2003 00:00:00 +0530 Mon, 20 Apr 2020 13:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108309 Removal of a registered trade mark for non-use requires the applicant to show locus as a person aggrieved, continuous statutory non-use, and no protection from special circumstances in trade. Permitted use by a registered user is treated as use by the proprietor, and ongoing efforts to arrange registered user use, with no intent to abandon, defeated rectification. Trade restrictions and adverse market conditions may qualify as special circumstances. Separate registration applications must independently establish proprietorship and a bona fide intention to use; prior use by another party and an ineffective assignment or consent arrangement could not support registration. On those principles, non-use rectification failed and the registration orders were set aside. Case-Laws Indian Laws Fri, 12 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108309