https://www.taxtmi.com/caselaws?id=160074 Registered trade marks were not liable to removal for non-use where use by an authorised user formed bona fide use attributable to the proprietor. The statutory scheme treats permitted use by a registered user as use by the proprietor, and the Court found a genuine continuing trade connection between proprietor and user. Use of the mark on bicycles manufactured under that connection satisfied the requirement of bona fide use, so the non-use ground under Section 46(1)(b) was not established and the exception in Section 46(3) did not apply. The power to remove a mark remained discretionary, with commercial and public interest relevant to the rectification decision. en-us Fri, 10 May 1996 00:00:00 +0530 Wed, 09 Jul 2014 13:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160074 Registered trade marks were not liable to removal for non-use where use by an authorised user formed bona fide use attributable to the proprietor. The statutory scheme treats permitted use by a registered user as use by the proprietor, and the Court found a genuine continuing trade connection between proprietor and user. Use of the mark on bicycles manufactured under that connection satisfied the requirement of bona fide use, so the non-use ground under Section 46(1)(b) was not established and the exception in Section 46(3) did not apply. The power to remove a mark remained discretionary, with commercial and public interest relevant to the rectification decision. Case-Laws Companies Law Fri, 10 May 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160074