STATE OF U.P. vs RAM NATH, PARTNER M/S. PANNA LAL DURGA PRASAD, KANPUR

The Supreme Court ruled that the prosecution for offenses under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 can be initiated by the Inspector of Trade Marks, despite the High Court's ruling to the contrary. The Court clarified that the abandonment of a trade mark does not absolve the accused from criminal liability, as the application of a trade mark involves deception. Furthermore, the status of the Bank as a foreign entity does not invalidate the prosecution proceedings against the respondents.