VISHNUDAS TRADING vs THE VAZIR SULTAN TOBACCO

The Supreme Court addressed the conflict between the trade mark 'Charminar' used by Vazir Sultan Tobacco Co. Ltd. for cigarettes and the same mark used by Vishnu Das Trading for quiwam and zarda. The Court held that the registration of a trade mark under Section 12(1) of the Trade Marks Act, 1958 could be contested if the mark was not used for the goods specified. The Court upheld the appellant's right to seek rectification under Section 46 read with Section 56 of the Trade Marks Act, allowing the appellant to proceed with their application for rectification due to non-use by the respondent.