Field Marshall: SC Clarifies On Removal From Register And Grounds On Non-Use

The provision on Removal from register and imposition of limitations on ground of non-use came up for clarification before the Supreme Court of India in Thukral Mechanical Works v. P.M. Diesels Pvt. Ltd & Anr. [2009 (39) PTC 193]. The mark "Field Marshall" has occupied a significant place in the litigation scenario. The mark having been registered in 1964, the same was being used for Diesel engines by P.M. Diesels Pvt. Ltd. M/s Jain Industries engaged in the business of manufacturing and selling centrifugal pumps also under the mark `Field Marshall'. P.M. Diesels, on the pretext of being the proprietor of the said mark by reason of long user and, thus, having acquired a reputation issued a legal notice questioning the right to use the said mark in respect of centrifugal pumps by Jain. This was followed by a suit for the grant of a decree of permanent injunction in respect of which an ex parte order had been passed in favour of P.M. Diesels. During the course of