Hardie Trading Ltd. And Anr vs Addisons Paint And Chemicals Ltd on 12 September, 2003
Section 34 thus provides for
specific requirements which relate to (i) the nature of the
goods or services in relation to which the mark is used; (ii)
the nature and character of use;(iii) the person who must
use; and (iv) the date from which the mark should have been
used. Section 2(2)(b) provides that in the Act, unless the
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context otherwise requires, any reference to the use of a
mark is to be construed as a reference to the use of printed
or other visual representation of the mark. Any reference to
the use of a mark in relation to goods shall be construed as
a reference to the use of the mark upon or in any physical or
in any other relation whatsoever, to such goods. The
Supreme Court has interpreted these words in the context of
section 46(1)(b) in Hardie Trading Ltd. v. Addisons Paint
and Chemicals Ltd, (2003) 11 SCC 92 : AIR 2003 SC
3377."