1998 (11) TMI 298

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....s. Gopal Soap Industries manufacture Washing Powder which was sold by them under brand name "T-Series". Accordingly, the Asstt. Collector in the adjudication order dated 26-9-1989 denied them the benefit of Notification No. 175/86 as the brand name "T-Series" belonged to M/s. Super Cassette Industries Ltd. who were not eligible to avail the benefit of the said notification. However, on appeal, the Collector (Appeals) in the impugned order set aside the adjudication order holding that the trade mark need not necessarily be in respect of all goods unless the registration has been so acquired that it is quite possible and permissible to have the same brand name for the different classes of goods owned by different persons. The Collector (Appea....

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....ot under permission from another, in such a situation it cannot be said that one is affixing the brand name of another person. In the present matter the respondents are using the brand name of another person on payment of Rs. 25,000/-. 3. Shri V. Sridharan, learned Advocate appearing on behalf of the respondents, submitted that the Collector (Appeals) had come to the conclusion that the brand name did not belong to another person relying on the decision in the case of M/s. Nestle's Products Ltd. (supra) in which it was held that the use of the brand name in respect of condensed milk registered in the name of Nestle Products Ltd. by another manufacturer, namely Milkmade Corporation, in respect of biscuits and toffee cannot be treated....