Trademark Trafficking Update

The Indian law on trademark trafficking and bona fide intention to use has been analyzed in the 2008 judgment of *Kabushiki Kaisha Toshiba vs Tosiba Appliances Co*. The court restored the TOSHIBA registration after considering:
- Section 46
- Person aggrieved
- Well-known mark protection
The judgment highlights the importance of genuine intention to use a trademark in India.
The case sets a precedent for similar disputes in the future, providing clarity on the legal aspects of trademark registration and protection in the country.
Key points to consider:
- The definition of a bona fide intention to use
- The implications of trademark trafficking on businesses
- The role of the Indian courts in resolving trademark disputes