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1961 Supreme(Bom) 36

S.M.SHAH
Nekumar K. Porwal – Appellant
Versus
Mohanlal Hargovindas – Respondent


Judgment

1. This is a petition by way of an appeal against the order passed by the Deputy Registrar of Trade Marks (Mr. M. L. Kapoor) on 8th July, 1960 to the effect that the Register of Trade Marks be rectified by deleting the word "Bull" from the caption "Bull Dog" appearing in Drvanagri characters in the Registered Proprietors mark, in an application for rectification filed by the respondents herein on 21st November. 1956 in respect of trade mark No. 131148 originally registered in the name of Kesharimal Pyarehand Porwal trading as Pyarchand Kesharial Porwal, Kamptee, District Nagpur. but at present standing in the name of the petitioner. This application for rectification was based on the grounds, that the respondents were proprietors of registered trade marks Nos. 504 and 132940, that they were injured in their business and embarrassed by the registration of trade mark No. 131148, that the entry of Trade Mark No. 131148 in the Register had been made without sufficient cause, that the said entry wrongly remained on the Register, that the said trade mark was deceptive inasmuch as it bore the caption "Bull Dog" although the device contained therein was that of a lion and that the





















































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