2011 (4) TMI 4

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....e Exemption Notification. The aforesaid findings of the Tribunal are under challenge in this appeal on which we have heard the learned counsel appearing for the parties. Counsel appearing for the appellant has submitted that on the date when the case was registered against the respondent, there was no Assignment Deed executed in favour of the respondent and, therefore, the respondent is not entitled to take benefit of the aforesaid Assignment Deed to avail benefit under the exemption notification. The counsel appearing for the respondent, however, refutes the aforesaid submission contending, inter alia, that so far the brand name is concerned, the owner of the brand name has assigned the trade mark in favour of the respondent and, theref....

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....t to conferment of exemption benefit under the Excise Law once it is found that the appellants had wrongly used the trade mark of M/s. Kay Aar Biscuits (P) Ltd." According to the provisions of the Trade Marks Act, for getting registration of a trade mark, an application is required to be filed in accordance with the provisions incorporated in the said Act. Such an application is required to be advertised and a detailed procedure is required to be followed before grant of a registration in favour of a claimant. Since a variety of procedural steps are required to be taken like issuing an advertisement, hearing objections, if any filed, it becomes a lengthy procedure and, therefore, time consuming for grant of a registration in matters of t....