https://www.taxtmi.com/caselaws?id=199554 Refusal of registration of a proposed registered user under section 49(3) must be based on the statutory factors in sections 48 and 49, read with Rule 85: the circumstances of the case, the interests of the general public, and the development of industry, trade or commerce in India. The "interest of general public" cannot be treated as a broad policy preference detached from the Act's purpose of trade mark registration and protection against fraudulent use. A general policy against foreign-owned brand names, or a bare claim of support for the small-scale sector, is insufficient without relevant facts and data showing real prejudice to statutory interests. The authority must apply the proper criteria on the material before it. en-us Thu, 19 Jul 1990 00:00:00 +0530 Tue, 06 Mar 2018 16:00:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199554 Refusal of registration of a proposed registered user under section 49(3) must be based on the statutory factors in sections 48 and 49, read with Rule 85: the circumstances of the case, the interests of the general public, and the development of industry, trade or commerce in India. The "interest of general public" cannot be treated as a broad policy preference detached from the Act's purpose of trade mark registration and protection against fraudulent use. A general policy against foreign-owned brand names, or a bare claim of support for the small-scale sector, is insufficient without relevant facts and data showing real prejudice to statutory interests. The authority must apply the proper criteria on the material before it. Case-Laws Indian Laws Thu, 19 Jul 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199554