AMERICAN HOME PRODUCTS CORPORATION vs MAC LABORATORIES PRIVATE LIMITED AND ANR.

The Supreme Court examined the provisions of the Trade Marks Act, 1940 and the Trade and Merchandise Marks Act, 1958, specifically Sections 14(1), 39(2), 18, and 46(1)(a)(b). It held that the burden of proof for the removal of a trade mark under Section 46(1)(a)(b) lies with the person seeking removal, and both conditions of Section 46(1)(a) must be satisfied cumulatively. The Court clarified that the intention to use a trade mark must be genuine at the time of application for registration, and the interpretation of statutory provisions must avoid absurdity and injustice.