2001 (2) TMI 205

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....owri Shankar, Member (T)]. - Both the issues, which are involved in this appeal, have already been decided by the Tribunal. The first, the classification of the sanitary napkin manufactured by the appellant has been decided in the appeal of this appellant and another, appeal 3316 and 2214/93. The Tribunal has confirmed the classification of these goods under Heading 48.18 of the Tariff. We are tol....

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....Hoden to Primella Sanitary Products for a consideration of Rs. 100/-. It also indicates that an application had wrongly been made by Christine Hoden for registration under its own name under the Trade & Merchandise Marks Act, 1958. An affidavit filed by Terence Ribeiro, Manager Administration, of the appellant had been filed before us. This affidavit says that deed of assignment, and the applicati....

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....res the concurrence of the competent authority under the Trade and Merchandise Marks Act, 1958. The sentence in the Tribunal's order refers to the respondent. They were that respondent to the appeal obviously both could not be owning the trade mark at the same time. The issue before the Tribunal was whether the trade mark can be used by any one of this, the department contending that it belonged t....