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1957 Supreme(Bom) 29

K.T.DESAI
The Anglo French. Drug Co. , (Eastern) Private Ltd. – Appellant
Versus
R. D. Tinaikar – Respondent


This is an appeal from a decision of the Deputy Registrar of Trade Marks under S. 76 of the Trade Marks Act, 1940. The appeal raises a very interesting question as regards the right of a Registered Trade Marks agent to plead before the Registrar of Trade Marks.

(2) The facts giving rise to the appeal, briefly stated, are as under: The respondent to this appeal filed an application under the Trade Marks Act for registering a certain trade mark in respect of certain pharmaceutical preparations. The petitioners opposed the said application. Evidence by way of affidavits was filed by both the parties in the case. The case ultimately came up for hearing before the Deputy Registrar of Trade Marks, who was discharging the functions of the Registrar of Trade Marks under the said Act. At the bearing the respondent was represented by Mr. P. S. Pai, a Registered Trade Marks Agent. At the hearing which took place before the Deputy Registrar of Trade Marks on 4-11-1955, the advocate for the petitioners objected to Mr. Pai being heard in the matter, contending that Mr. Pai had no right of audience before the Deputy Registrar of Trade Marks. The matter being of considerable importance to all Regis

















































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