KABUSHIKI KAISHA TOSHIBA vs TOSIBA APPLIANCES CO. .

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 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 that upheld the Registrar's order.