M/S. THUKRAL MECHANICAL WORKS vs P.M. DIESELS PVT. LTD.

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 registration and established use by the first respondent since 1964, leading to the dismissal of the appellant's appeal for trademark infringement and passing off.