Supreme Court of India
M/s. Thukral Mechanical Works v. P.M. Diesels Pvt. Ltd. & Anr.
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From the headnote
Trade and Merchandise Marks Act, 1958: Registered. owner of trade mark - Rights of - Held: Registration of trade mark confers a valuable right - The c person in whose name the trade mark is registered may take action against any person for passing off the goods as that of the registered owner - It confers an exclusive right of use of the trade mark in relation to the; goods in which the trade mark is registered - The same is an assignable right in terms p of Section 36 of the Act, whereas an unregistered trade mark is not. s. 46 - Non us~r of mark - Consequences of- Held: Non "\ user of mark
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