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2000 (8) TMI 405 - AT - Central Excise
The Appellate Tribunal CEGAT, Mumbai upheld that the respondent was entitled to use the brand names 'Alfa', 'Delta', and 'Kangaroo' without registration with the Trade Mark Registry. The Tribunal clarified that the assignment of brand names does not require registration under section 45 of the Trade and Merchandise Act. The Tribunal also determined that a partnership is not a separate legal entity from its partners, and the dissolution of the partnership does not affect the assignment of the brand name. The appeal by the department was dismissed.
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