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REPORTABLE a
VERSUS
J U D G M E N T f
RANJAN GOGOI,J.
g
1. Leave granted in S.L.P. (C)
2012.
h
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“Marshal”.
also filed.
f
h
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hereunder.
10
Act”).
f
11. The issues arising in Civil Appeal
11
12
13
2012.
b
14
15
16
17
18
19
urged/agitated separately in a
issue.
f
15. Having noticed the respective
h
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20
21
22
exported to a particular a
market outside India; and
23
a
xxx
b
(1) On application made in the
prescribed manner to a High Court
or to the Registrar by any person
aggrieved, the tribunal may make
such order as it may think fit for
cancelling or varying the c
registration of a trade mark on
the ground of any contravention,
or failure to observe a condition
entered on the register in
relation thereto.
d
(2) Any person aggrieved by the
absence or omission from the
register of any entry, or by any
entry made in the register without
sufficient cause, or by any entry
e
wrongly remaining on the register,
or by any error or defect in any
entry in the register, may apply
in the prescribed manner to a High
Court or to the Registrar, and the
tribunal may make such order for f
making, expunging or varying the
entry as it may think fit.
24
Xxx
25
Xxx
h
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26
27
28
h
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29
30
31
32
33
the Registrar.
34
35
36
37
38
39
40
41
principles of interpretation of
d
statutes, which would hardly require a
42
convey.
d
27. Rather, from the resume of the
43
of invalidity.
h
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44
45
been noted.
c
46
47
48
49
50
51
Act.
h
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52
answer.
53
54
55
a
46 and 56 of the 1958 Act is the very
Courts.
...................,J. f
(RANJAN GOGOI)
...................,J.
(NAVIN SINHA) g
NEW DELHI
NOVEMBER 29, 2017
h
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TM
This is a True Court Copy of the judgment as appearing on the Court website.
Publisher has only added the Page para for convenience in referencing.