Kabushiki Kaisha Toshiba vs Tosiba Appliances Co. & Ors

The Supreme Court addressed the jurisdiction of the Registrar of Trade Marks under Section 46 of the Trade and Merchandise Marks Act, 1958, concerning the removal of a registered mark for non-use. The Court held that the Registrar has the authority to remove a trademark from the register if it has not been used for a continuous period of five years, establishing that non-use can lead to cancellation of registration. The appeal was dismissed, affirming the lower court's decision to uphold the removal of the trademark 'TOSHIBA' due to non-use by the appellant.