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.