YABUSHIKI KAISHA TOSHIBA Vs. TOSHIBHA APPLAINCES CO

JUDGEMENT

(1.) This is an appeal from an order of the Deputy Registrar rectifying only two of the several class 7 entries standing in the name of the appellant, viz. electric washing machines and spin dryers, in respect of the trade mark 'TOSHIBA'. The appellant of its own showing is registered in many more classes than class 7 only, but the registration in class 7 only is in issue in this appeal and I deal only with the same. The appellant has some eight entries registered in that class, including current generators, electric induction motors and compressors, as well as the two rectified entries.

(2.) The registration in class 7 has stood in favour of the appellant from as early as 1971. The application for rectification was made by the respondent as late as in June 1989. The rectification has been sought both under Section 46(1)(a) and under Section 46(1)(b) of our 1958 Act and the relevant portions are as follows :

(3.) Apart from the above Mr. Chakraborty has seriously disputed the locus standi of Mr. Biswarup Gupta's client, that is the respondent. It is argued that an application is not at all maintainable for rectification in regard to the above two goods in class 7 by the respondent.