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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".
Calcutta High Court Cites 19 - Cited by 4 - A K Ganguly - Full Document
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