https://www.taxtmi.com/caselaws?id=240623 Rectification of a registered trademark for continuous non-use required the applicant to establish, at least prima facie, non-use for the relevant statutory period before the burden shifted to the proprietor. On the concurrent factual findings, there was no absolute non-use during that period, and no perversity or arbitrariness was shown. The suggested territorial restriction on use was also found impractical, and extending user to the whole State was treated as a workable way to avoid artificial boundary disputes and trade complications. The challenge to the mark's continued registration and territorial extent therefore failed. en-us Fri, 22 Nov 2013 00:00:00 +0530 Mon, 09 Dec 2013 06:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=240623 Rectification of a registered trademark for continuous non-use required the applicant to establish, at least prima facie, non-use for the relevant statutory period before the burden shifted to the proprietor. On the concurrent factual findings, there was no absolute non-use during that period, and no perversity or arbitrariness was shown. The suggested territorial restriction on use was also found impractical, and extending user to the whole State was treated as a workable way to avoid artificial boundary disputes and trade complications. The challenge to the mark's continued registration and territorial extent therefore failed. Case-Laws Companies Law Fri, 22 Nov 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=240623