USE OF TM AND REGISTERED USERS
USE OF TM AND REGISTERED USERS u Section 46 in The Trade Marks Act, 1999 u 46. Proposed use of trade mark by company to be formed, etc.— u (1) No application for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark if the Registrar is satisfied that— u (a) a company is about to be formed and registered under the Companies Act, 2013 and that the applicant intends to assign the trade mark to that company with a view to the use thereof in relation to those goods or services by the company, or u (b) the proprietor intends it to be used by a person, as a registered user after the registration of the trade mark. u American Home Products Corporation v. Mac Laboratories (P) Ltd AIR 1986 SC 137 u Removal from Register on ...