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BOMBAY HIGH COURT
M. L. Pendse, J.
A. Hami Brothers v. Hami and Co. and Another
| Table of Content |
|---|
| 1. introduction of the case and basic facts. (Para 1 , 2) |
| 2. allegations made by respondent regarding misuse of trade mark. (Para 3 , 4) |
| 3. legal argument concerning distinctiveness and registration. (Para 6 , 10) |
| 4. court's rationale regarding distinctiveness and market usage. (Para 8 , 11 , 12) |
| 5. final ruling of the court. (Para 13) |
1. This petition has been filed for rectification of registered trade mark No. 221462 registered in the year 1964 in favour of respondent 1 and the proceedings are instituted under S.56(1) of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act').
2. The registered mark consists of a composite letter with three features - a flower design, the numeral 96 and the word 'Majmua'. The register sets out the disclaimer providing that the registration of the mark shall give no right to the exclusive use of the device of flowers and the word 'Majmua' either separately or together.
2A. Respondent 1 is a partnership concern and carry on business as manufacturers and traders of Attars and perfumes. Respondent 1 are carrying on business in Attars and perfumes since the year 1945 and since the year 1956 have been using a composit
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