Brand name exemption turns on trade connection; 'Swadeshi' was treated as descriptive, not another person's mark.

Small-scale exemption could not be denied unless the goods bore a brand name or trade name of another person used to indicate a trade connection. The soap wrapper showed only the manufacturer's own name and address, while the word "Swadeshi" appeared as a standalone descriptive expression of indigenous origin and not as a mark linking the goods to the marketing company. The claim that "Swadeshi" was another person's brand name was unsupported by evidence, so the required nexus with another person's trade name was absent and the exemption remained available.

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Issues: Whether the respondent was entitled to exemption under the relevant small-scale exemption notifications when the word "Swadeshi" appeared on the wrapper of the soap manufactured by it, and whether that word constituted the brand name or trade name of another person.

Analysis: The exemption was denied only if the specified goods bore a brand name or trade name of another person used so as to indicate a connection in the course of trade. The wrapper showed the manufacturer's own name and address, while "Swadeshi" appeared only as a standalone descriptive expression without any indication of the marketing company's identity. The word was treated as descriptive of indigenous origin and not as a mark establishing a trade connection with another person. The finding that the word "Swadeshi" was the brand name of the marketing company was not supported by evidence. The cited precedent on brand-name connection did not apply because the necessary linkage between the goods and another person was absent.

Conclusion: The respondent was not using the word "Swadeshi" as another person's brand name or trade name, and the exemption could not be denied on that basis.

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