9911796707
TMI Blog1999 (2) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the Order-in-Appeal dated 30-11-1994 passed by the Collector (Appeals), Central Excise, Pune. 2. Brief facts of the case are that the respondents are engaged in the manufacture of medicaments. The respondents filed a classification list in respect of their products and claimed the classification of the goods under Chapter Heading 3003.20. The adjudicating authority modified the classificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have been used. He submits that by printing the word Q-max in red ink and rest of the address in blue ink, a clear identity between the medicine and manufacturer is established. Therefore, he submits that the medicines, in question, are classifiable under Chapter Heading 3003.10 of the Central Excise Tariff. He, therefore, prays that the appeal be allowed. 4. Ld. Consultant appearing on beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and the address of the manufacturer is written on the label and the only objection by the adjudicating autho- rity is that the name is printed in red ink wherein the address is printed in the blue ink but in our opinion of this will not make the medicaments P or P medicines. 7. The Revenue in the grounds of appeal had taken the ground that the wording Q-max in red ink and the rest of the add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt, while making distinction between the house mark and the product mark held as under : 677A. House mark and product mark (or brand name) In the pharmaceutical business a distinction is made between a house mark and a product mark. The former is used on all the products of the manufacturer. It is usually a device in the form of an emblem, word or both. For each product a separate mark known ..... X X X X Extracts X X X X X X X X Extracts X X X X
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