Indo Shell Cast Private Limited, A ... vs The Registrar Of Trade Marks And Indo ... on 14 September, 2007
In the judgment in Shell Transource Limited v. Shell International
Petroleum Company Ltd.ΒΈ 2012 SCC IPAB 29, it was observed by the IPAB
that the onus of proving "non-user" is on the person who pleads the same.
However, when the applicant pleads "non-user", the respondent must
specifically deny it. Therefore, in the absence of a specific denial, it was
held that the allegations of "non-user" stood admitted.