2002 (6) TMI 138

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....over the teleshopping network. The representative of these teleshopping network inspects each machine in the presence of the appellant, and if satisfied with the quality places a sticker on it. The sticker bears upon it the logo of this marketing firm, comprising the letters UTS in a distinctive style along with the letters TSN and the word "checked" followed by serial number. 2. Notices issued to the manufacturer and United Teleshopping marketing alleged non payment of duty on goods that it manufacturers and cleared and proposed penalty on the manufacturer and the marketing company. The manufacturer in reply accepted that duty had not been paid but asserted that the clearances were within the duty free limit specified in notification 8/98....

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....pondent contends that the sticker being only for quality control is in the nature of a "certification trade mark" distinct from a regular trademark in the Trade and Merchandise Mark Act, 1958 and Trade Marks Act, 1990. 6. Many of the decisions of the Tribunal that have been relied upon by the respondent to base their finding on the conclusion that the logo of the marketing company or the person other than manufacturer found on the product is less prominent than the logo of the manufacturer. The argument is advanced before us in a different manner that the sticker of the marketing is based in relatively inaccessible of the machine. In our view, such tests have to be viewed with great caution. Whether one mark is more or less prominent than ....