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1 - 5 of 5 (0.31 seconds)Section 47 in The Trade Marks Act, 1999 [Entire Act]
Section 11 in The Trade Marks Act, 1999 [Entire Act]
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.
Dorco Co., Ltd vs Durga Enterprises And Anr on 10 November, 2022
The relevant observations from DORCO
(supra) are set out below:
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