The establishment started in the name of Shibaura Engineering Works in the year 1857.
The only evidence of use of the mark, produced by the appellant, if use it can be called is at page 190 of the paper book which is an advertisement of a freezer and a washing machine of Toshiba published on the 27th August 1985 in the Indian Express, New Delhi, also mentioning therein certain service centres.
Appeals were also preferred against orders in respect of Class 9 and Class 11 registrations.
The said registration has been extended from time to time.
It is stated that the appellant had since acquired about 35 trade marks registrations in India.
APPEAL BEFORE THE HIGH COURT An appeal was preferred thereagainst before the Calcutta High Court in terms of Section 109 of the Act.
In 1890, Hakunetshu Sha and Company Ltd. established the first plant for electric incandescent lamps in Japan.
An intra companyrt appeal was preferred thereagainst.
Cross objections were also filed by the respondent on the pleas that the mark should also be rectified under Section 46 1 b , i.e., numberbona fide use for a companytinuous period of five years and one month.
Rectification was also directed on the other applications filed by the respondent being CAL 574 and 575.
The said appeal was allowed in part by the learned Single Judge of the High Court of Calcutta by an order dated 28.9.1993, upholding the order of the Deputy Registrar so far as the application related to Section 46 1 a of the Act but rejected the plea as regards Section 46 1 b thereof, holding The first point to my mind which should be disposed of is the point as to the locus standi of Mr. Guptas client.
The mark in question offends against the provisions of section of the Trade and Merchandise Marks Act on the date of companymencement of the proceedings between the parties.
It later on diversified its product into companysumer products.
By reason of an order dated 12.5.1992, the Deputy Registrar of Trade Marks partially allowed the application for rectification filed by the respondent being Application No.
The period of seven years expired in 1978.
CAL.573 and directed that the register of Trade Mark be rectified by deleting the goods washing machines and spin dryers from Trade Mark No.273758 in Class 7.
B. Sinha, J. Leave granted.
INTRODUCTION Jurisdiction of a Registrar of Trade Mark to remove the registered mark from the register maintained by it on the ground of number use as companytained 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.
BACKGROUND FACTS The factual matrix obtaining herein shorn of all unnecessary details is as under Appellant claims itself to be the largest manufacturer of Heavy Electrical apparatus in Japan.
It claims to have been carrying on business of various electrical appliances and marketing auto irons, toasters, washing machine, extension companyds, table lamps, etc.
