KABUSHIKI KAISHA TOSHIBA Vs. TOSIBA

JUDGEMENT

(1.) Leave granted. INTRODUCTION

(2.) Jurisdiction of a Registrar of Trade Mark to remove the registered mark from the register maintained by it on the ground of non-use as contained in Section 46 of the Trade and Merchandise Marks Act, 1958 is the question involved in this appeal which arises out of a judgment and order dated 8.12.2005 passed by a Division Bench of the Calcutta High Court dismissing an appeal being CAL No.573 arising out of a judgment and order dated 28.9.1993 passed by a learned Single Judge of the High Court affirming the final order dated 24.2.1992 passed by the Deputy Registrar, Trade Marks.

(3.) The factual matrix obtaining herein shorn of all unnecessary details is as under :