#Section 35

A corporate defendant successfully invoked the Section 35 bona-fide use defence to retain a family name in its trademark, prompting the Bombay High Court to modify the earlier interim injunction. The ruling clarifies that companies may lawfully use surnames when use is genuine, affecting future trademark litigants.

The Supreme Court reversed the High Court, ruling that land registered in the names of a deceased husband’s wives is their separate property, not part of his estate. Consequently, a sale deed executed without the wives’ consent is void, limiting heirs’ claims under the Indian Succession Act. This clarifies ownership rights for widows in succession disputes.