2005 (12) TMI 313

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....ellant. Shri R.B. Pardeshi, JDR, for the Respondent. [Order per : T. Anjaneyulu, Member (J)]. - The appellants are engaged in the manufacture and clearance of Drum Motors and Electric Motors on which they affix the logo and monogram 'Cyclo'. On enquiry made, it was revealed that the said monogram was used by them since 1987 and earlier it was used by M/s. Cyclo Enterprises since 1978 and ....

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....fore, the right to use the impugned monogram 'Cyclo' came to the appellants. But as discussed above, due to transfer of the technology of production and discontinuing of production by M/s. Cyclo Enterprises, M/s. Cyclo Transmission Ltd. became eligible to use the monogram 'Cyclo'. Also from the above facts, it is clear that the date on which the agreement between M/s. Cyclo Enterprises and the app....

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....he department has correctly alleged that the appellants were using the monogram 'Cyclo' of M/s. Cyclo Transmission Ltd......" Hence, the present appeal. 3. After hearing both sides and considering the material, it is found - (a)     There is no condition stipulated in the Notification impugned that the brand name/logo should be in the ownership and that the benefi....