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1980 Supreme(Del) 66

RAJINDAR SACHAR, S.N.KUMAR
REGISTRAR OF TRADE MARKS – Appellant
Versus
HAMDARD NATIONAL FOUNDATION (INDIA) – Respondent


Advocates Appeared:
ARUN SHARMA, N.K.ANAND, PRAVIN KUMAR

Rajindar Sachar, J.

( 1 ) AT the end of argument we announced thedismissal of the appeal. We now proceed to give our reasons for the same. This is an appeal against the order of the learned single judge by which heset aside the order of the Registrar of Trade Marks and allowed the application of the respondent to have their trade mark consisting of the word (SAFIi) registered in Glass 5 in Schedule IV in respect of medicinal preparation under the Trade and Merchan dise Marks Act, 1958 (to be called theact ). The respondents are well known manufacturers of medicinal preparations amongst others of safi a preparation meant for purification of blood

( 2 ). Section 6 of the Act requires the maintenance of a Register oftrade Mark wherein shall be entered all registered Trade Marks. Section 7of the Act says that the register shall be divided in two parts called respectively part a and part b . Section 8 of the Act provides that the trade markmay be registered in respect of any or all of the goods comprised in a prescribed Class of goods. The Trade and Merchandise Marks Rule 1959 have beenframed under the Act. Rule 22 provides that for the purpose of registrationof. the trade mark good








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