What is the test to revoke a trademark registration for non-use under Section 46(1) of the Trademarks Act 2019? What constitutes an aggrieved person and what are the criteria to establish aggrieved status under Section 46(1)? What is the burden of proof once prima facie non-use is established, and how is use by the trademark owner determined?

Key Points: - (!) (!) Section 46(1) grounds for revocation by Court for non-use within three years of notification of registration; or three years’ uninterrupted suspension with no proper reasons (!) . - (!) (!) Three-stage inquiry: (i) aggrieved person, (ii) prima facie non-use for three years, (iii) whether owner has shown use during the period. - (!) (!) (!) Definition and criteria of an aggrieved person: must have used the mark, or have a genuine present intention to use it in trade similar to the registered owner's trade. - (!) (!) Once prima facie non-use is established, burden shifts to the owner to prove actual use; in this case, the defendant did not show use and failed to file affidavits. - (!) (!) Plaintiff established non-use for specified periods (three years from respective dates and the 2018-2021 window); market survey evidence supported non-use. - (!) (!) Plaintiff’s application succeeded; defendant failed to provide any evidence of use. - (!) (!) Practical note on procedural scope: proceeding under s 46, not s 47 (invalidations), and the court limited to revocation under s 46.

What is the test to revoke a trademark registration for non-use under Section 46(1) of the Trademarks Act 2019?

What constitutes an aggrieved person and what are the criteria to establish aggrieved status under Section 46(1)?

What is the burden of proof once prima facie non-use is established, and how is use by the trademark owner determined?