The IPAB in the impugned order held that the trade mark Nos.475269,475267 and 484837 have not been used by the appellant for more than a period of five years and one month and the appellant also failed to make out that it had been in manufacturing or trading of the goods for which it had taken Registration Nos.475269,475267 and 484837.Consequently,the IPAB allowed the applications made by the first respondent purportedly under Section 46(1)(b) of The 1958 Act and directed the Registrar to remove these registrations from the register