M/S. Thukral Mechanical Works vs P.M. Diesels Pvt. Ltd. & Anr

The Supreme Court interpreted Section 46(1)(b) of the Trade and Merchandise Marks Act, 1958, establishing that a registered trademark can be removed from the register if it has not been used for a continuous period of five years. The Court held that the appellant's claim to the trademark 'Field Marshal' was invalid due to the prior rights of the first respondent, who had established use and reputation of the mark since 1963. Consequently, the Court upheld the injunction against the appellant's use of the trademark in relation to centrifugal pumps.