SATNAM OVERSEAS vs SANT RAM & CO.

The Supreme Court upheld the Delhi High Court's decision allowing Respondent No.1 to use the trademark 'KOHINOOR' throughout Uttar Pradesh, despite the appellant's registration under Section 12(3) and Section 46(2) of the Trade Marks Act, 1999. The Court emphasized that non-use of a trademark for over five years can lead to rectification, and the High Court's findings were consistent with the statutory provisions. The appeal was dismissed, affirming the High Court's ruling on the trademark usage.