Trademark ownership determines SSI exemption - class-specific registration of identical marks does not defeat exemption for the registered manufacturer. Notification No. 223/87's amendment cannot be used to deny SSI exemption under Notification No. 175/86 when identical trade marks are registered for different classes of goods; if an SSI unit is the registered proprietor of the mark for the goods it manufactures, it remains eligible for exemption. Authorities must ascertain class-specific brand ownership before refusing exemption and dispose of pending cases accordingly.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Trademark ownership determines SSI exemption - class-specific registration of identical marks does not defeat exemption for the registered manufacturer.
Notification No. 223/87's amendment cannot be used to deny SSI exemption under Notification No. 175/86 when identical trade marks are registered for different classes of goods; if an SSI unit is the registered proprietor of the mark for the goods it manufactures, it remains eligible for exemption. Authorities must ascertain class-specific brand ownership before refusing exemption and dispose of pending cases accordingly.
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