Before we look at the decision of the Delhi High Court, it would
be wise for us to look at the provision of Section 35:
35. Saving for use of name, address or description
of goods or services.—
Nothing in this Act shall entitle the proprietor or a
registered user of a registered trade mark to interfere with any
bona fide use by a person of his own name or that of his place of
business, or of the name, or of the name of the place of business,
of any of his predecessors in business, or the use by any person of
any bona fide description of the character or quality of his goods
or services.
The scope of Section 35 does seem to grant a proprietor a
veritably large field to apply his own name in the course of his
trade, given the lack of any limitations contained within the
statute. Not surprisingly, the torch has been passed on to the
courts to illuminate the boundaries of the provision.
