https://www.taxtmi.com/caselaws?id=41301 A medicinal preparation is not treated as a patent or proprietary medicine merely because its label bears a minor symbol or device. The relevant test is whether, on a reasonable view, the mark indicates a connection in the course of trade between the medicine and its manufacturer. Here, the label already carried the manufacturer's full name and address, and the small rectangle with a flame and the words "Indo-French" was held too insignificant to function as a trade mark or monogram. Distinguishing earlier cases involving stronger distinguishing features, the Court held that the products did not fall within Item 14-E read with Explanation I of the First Schedule to the Central Excises and Salt Act. en-us Thu, 04 Nov 1982 00:00:00 +0530 Tue, 01 Jun 2010 18:27:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=41301 A medicinal preparation is not treated as a patent or proprietary medicine merely because its label bears a minor symbol or device. The relevant test is whether, on a reasonable view, the mark indicates a connection in the course of trade between the medicine and its manufacturer. Here, the label already carried the manufacturer's full name and address, and the small rectangle with a flame and the words "Indo-French" was held too insignificant to function as a trade mark or monogram. Distinguishing earlier cases involving stronger distinguishing features, the Court held that the products did not fall within Item 14-E read with Explanation I of the First Schedule to the Central Excises and Salt Act. Case-Laws Central Excise Thu, 04 Nov 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=41301