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1961 Supreme(Bom) 22

S.M.SHAH
Consolidated Foods Corporation – Appellant
Versus
Brandon and Company Private Ltd. – Respondent


judgment-

(1) This is a petition by way of appeal filed by consolidated Foods Corporation incorporated under the laws of the State of Mary land in the United States of America and having its principal place of business at San Francisco, California, against the order and judgment of Mr. C.D.V. Raman, the Joint Registrar of Trade Marks, Bombay, dismissing its oppositions to the three applications being application No. 178155, application No. 178158 and application No. 178159 filed by the respondents Messrs. Brandon and Co. Private Limited for registration of the mark ""Monarch"" in respect of certain fruits and vegetables preparations.

(2) On 23rd January 1957, the respondent company filed the three applications aforesaid for registration of the mark consisting of the word ""Monarch"" (per se) in classes 29, 30 and 32 respectively. Application No. 178155 was in respect of ""preserved, dried, and cooked fruits and vegetables; jellies and jams, preserves and pickles, "" all being goods included in Class 29: Application No. 178158 was in respect of ""sauces, spices, cury powders, papads (being cereal preparations) and condiments"" and Application No. 178159 was in respect of ""syrups (no



































































































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