Century 21 Real Estate Llc vs Century 21 Town Planners Pvt Ltd And Anr on 6 March, 2026
M. Also, the expression "use of a mark" as contemplated under Section
2(2)(c) of the Trade Marks Act is of wide import. In the context of services,
it includes reference to the availability, provision, or performance of
services in India. "Use" is therefore not confined to instances of direct sales
but extends to demonstrable market presence and the offering of services
within India, both of which the Petitioner has sufficiently established. The
decisions in R.J. Components and Shafts v. Deepak Industries Ltd. and
Exide Industries Ltd. v. Exide Corporation, relied upon by Respondent
No. 1, would be of no assistance to Respondent No. 1 since those cases
arise in the context of infringement and passing-off actions and not actions
for rectification.