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In Renaissance Hotel Holdings Inc v B. Vijaya Sai (2022), the High Court had given the defendants the…

The Court held that "to get the benefit of sub-section (1) of Section 30 of the said Act, both the conditions had to be fulfilled". Section 30(1) joins clause (a), use "in…

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In Renaissance Hotel Holdings Inc v B. Vijaya Sai (2022), the High Court had given the defendants the benefit of section 30(1) of the Trade Marks Act, 1999 after considering only clause (b). The Supreme Court held that

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The Court held that "to get the benefit of sub-section (1) of Section 30 of the said Act, both the conditions had to be fulfilled". Section 30(1) joins clause (a), use "in accordance with honest practices in industrial or commercial matters", and clause (b) with "and", so meeting one clause is not enough. Long use does not dispense with either condition.

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