Section 47 of TMA : Section 47: Removal From Register And Imposition Of Limitations On Ground Of Non-Use

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 47 of The Trade Marks Act, 1999. Suppose a company, XYZ Ltd., registered a trade mark 'Alpha' for a particular line of its products five years ago. However, for reasons unknown, the company did not use this trade mark in relation to these products at all during this period.

Now, another company, ABC Ltd., wishes to register a similar trade mark 'Alfa' for its new line of products. ABC Ltd. finds out that 'Alpha' has not been used by XYZ Ltd. for the past five years. ABC Ltd...

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