Kabushiki Kaisha Toshiba (Toshiba ... vs Toshiba Appliances Co. And Ors. on 8 December, 2005
This part of the
judgment of the learned Single Judge was not been
disturbed by the Division Bench of the Calcutta High Court
and later by the Supreme Court in Kabushiki Kaisha
Toshiba v. Toshiba Appliances, (2008) 37 PTC (SC).
Likewise in Harold Radford, (1951) 68 RPC 221, it was
CS(COMM) 174/2019 Page 20 of 39
held that the mere issuance of an advertisement would not
constitute a user of the mark. It was observed that otherwise
the proprietor of a trade mark might, without having any
goods to offer, advertise its marks at periodical intervals
and thereby prevent any attack being made upon the mark.
It was emphasized that "use of a mark in advertising media
must be concurrent with the placing of the goods in the
market if it is to be regarded as a trade mark".