https://www.taxtmi.com/caselaws?id=306569 A trader in the same field seeking removal of a registered mark for non-use was held to have sufficient practical interest to be a person aggrieved and thus had locus standi. The proprietor successfully resisted rectification by showing that the non-use arose from special circumstances in the trade, including import restrictions and impracticability of ordinary commercial use, supported by steps taken to protect the mark and prior licensing arrangements. The rectification application was also held not to be barred by Article 137 of the Limitation Act, as the non-use scheme carries its own qualifying-period structure. en-us Fri, 08 Apr 2005 00:00:00 +0530 Fri, 10 Feb 2023 10:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306569 A trader in the same field seeking removal of a registered mark for non-use was held to have sufficient practical interest to be a person aggrieved and thus had locus standi. The proprietor successfully resisted rectification by showing that the non-use arose from special circumstances in the trade, including import restrictions and impracticability of ordinary commercial use, supported by steps taken to protect the mark and prior licensing arrangements. The rectification application was also held not to be barred by Article 137 of the Limitation Act, as the non-use scheme carries its own qualifying-period structure. Case-Laws Indian Laws Fri, 08 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306569