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november 2013

Supreme Court of India · 2013-11-22

Satnam Overseas vs Sant Ram & Co.& Anr

Citation / case number
AIR 2014 SUPREME COURT 521
Court
Supreme Court of India
Petitioner
Satnam Overseas
Respondent
Sant Ram & Co.& Anr
Author
K.S. Radhakrishnan
Bench
A.K. Sikri, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court addressed the issue of trademark usage under Section 12(3) and Section 46(2) of the Trade and Merchandise Marks Act, 1958, holding that the High Court erred in allowing the respondent to use the trademark 'KOHINOOR' throughout Uttar Pradesh despite the Assistant Registrar's limitation to specific cities. The Court emphasized that honest and concurrent use must be balanced with the rights of registered trademark holders, thereby reinforcing the need for geographical limitations in trademark registrations. The appeal was allowed, and the High Court's order was set aside.

Satnam Overseas vs Sant Ram & Co.& Anr · Niyam