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1997 Supreme(Mad) 641

K.SAMPATH
Robapharma Ag, S. Alban – Appellant
Versus
T. T. K. Pharma Limited – Respondent


Appearing Advocates: For

Judgment :-

K. Sampath. J.

1. This is an application for permission to amend para - 27(a) of the plaint, by substituting the description of the goods therein by the following description of goods as found in User Certificate of Trade Mark No. 129304 :-

"Organo-therapeutic preparation consisting of or containing osseous material of young animals."

The description already there is" Pharmaceutical, veterinary and sanitary substances, children's and invalids' foods ; plasters materials for bandaging; material for staffing tooth, dental wax, disinfectant, preparations for killing weeds and disharming vermin".

2. The affidavit filed in support of the application is sworn to by one Rajendra kumar, advocate and legal consultant in the firm of Remfry and Sagar Trade Mark Attorneys.

3. The allegations in the affidavit are as follows:-

(a) The firm of Remfry and Sagar handles a large number of trade marks renewals and other legal occurrences with respect to trade marks of their clients. The details of all these trade marks are entered in the computer, as well as manually operated cards. The firm came to be entrusted with the trade mark "OSSOPAN" of the plaintiff-Company registered under 129304 in C

























































































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