KABUSHIKI KAISHA TOSHIBA Vs. TOSIBA APPLIANCES CO.

JUDGEMENT

(1.) THIS order disposes of two rectification proceedings dated 7.8.1989. In these proceedings, Tosiba Appliances Co., having place of business at A -24 -A, Street No. 4, Industrial Area Anand Parbat, New Delhi (hereinafter referred to as applicant for rectification or petitioner) applied for rectification of the register by removal therefrom the trade mark TOSHIBA' registered under Nos. 160442 & 160443 in class 9 & 11 respectively in the name of Kabushiki Kaisha Toshiba also trading as Toshiba Corporation, Japan who are hereinafter referred to as registered proprietor or respondent under the provisions of the Trade & Merchandise Marks Act, 1958 and Rules framed thereunder read with the relevant provisions of the Trade Marks Act, 1999 and Rules framed thereunder on the following grounds: -

(2.) IT is humbly prayed that in view of the ground made as above, the said trade mark TOSHIBA be removed from the register or any other such appropriate order be passed which may be deemed proper under the circumstances of the case.

(3.) IN view of the foregoing, the rectification petitions are simply a pressure device and the same being totally frivolous and misconceived ought to be dismissed with a heavy costs.