AIR 1969 CALCUTTA 342

Calcutta High Court

Hon'ble Judge(s): P. B. Mukharji , J

(A) Trade and Merchandise Marks Act (43 of 1958) , S.56, S.109— Trade Marks Rules (2002) , R.121— Limitation for filing appeal is three months - Application for rectification dismissed on 07-12-1964 - Order sent by post by registry on 22-12-1964 and received by appellant on 26-12-1964-Certified copy applied for on 01-01-1965 and obtained on 21-01-1965 - Appeal filed on 25-03-1965 - Delay of 18 days condoned. (Para 5) (B) Trade and Merchandise Marks Act (43 of 1958) , S.56(2)— Expression "any person aggrieved" has to be liberally construed - Expression includes persons who are in some way or other substantially interested in having the mark removed and also includes those who are substantially damaged or prejudiced if mark remains on the register. @page-Cal343AIR 1958 Bom 56 and (1904) 21 RPC 617.(1903) 20 RPC 803; and (1894) 11 RPC 4 and (1943) 60 RPC 29, Rel. on. (Para 10 13 14) (C) Trade and Merchandise Marks Act (43 of 1958) , S.18(1), S.45, S.48— Proprietor of a mark has to establish that the trade mark is used or proposed to be used by him - Exceptions to this section are those contained in S.45 and S.48. ....