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1978 Supreme(Cal) 593

SABYASACHI MUKHARJEE
GAZIPUR CHEMICAL WORKS – Appellant
Versus
DEPUTY REGISTRAR OF TRADE MARKS – Respondent


Advocates Appeared:
B.S.SINHA ROY, Bhaskar Gupta, GOUTAM CHAKRABORTY, RANAJIT MITRA

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an appeal from the decision of the Deputy Registrar of Trade Marks dated 24th of Feb. , 1975 Whereby the Deputy Registrar has refused the application of the appellant for registration. It appears that on the 24th of March, 1969 the appellant made an application being application No. 255595 to register in Part A of the Register a trade mark consisting of a label containing mainly the devices of four kites in a double-lined circle and the words "char GUDDI ASLI KEORA JAL" in Devana-gari, Urdu and Bengali characters and "char GUDDI KEORA WATER" in Roman characters, also the devices of keora flowers on the left and right-hand sides of the label and the name and address of the applicants in Class 3 in respect of a specification of goods which was subsequently amended to read as "keora water (perfumery)". There was objection to the registration of the said mark on the ground that the said claim conflicted with Registered Trade Marks Nos. 163808, 189857 and 189856 under the provisions of Section 12 (1) of the Trade and Merchandise Marks Act, 1958. The appellants agreed to amend the mark at the hearing of the application and the application was advert








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