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2003 (9) TMI 542 - SC - Indian LawsWhether there was any bona fide use of the trade mark in relation to goods by the proprietor or for the purposes of section 46(1)(a) of the Act? Held that:-Appeal allowed. In the circumstances, for Buttress to have said that it was not economically possible for Hardie to itself put its manufactured goods in the market immediately, cannot be taken as being a circumstance which was peculiar to Hardie alone. It was a circumstance which was generally applicable to all foreign manufacturers of paints and lacquers. Therefore, the con- clusion of the Joint Registrar and the High Court that there were no special circumstances in the trade which justified the alleged non-user for the period in question was wrong.
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