2000 (8) TMI 405

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..... the Respondents. [Order per : Gowri Shankar, Member (T)]. In the order impugned in this appeal by the department the Commissioner (Appeals) has held that the respondent was entitled to affix the brand name Alfa , Delta and 'Kangaroo' which had been assigned to it by M/s. Economic Traders and M/s. Economic Traders (Gujarat) Ltd. He overruled the view of the Joint Commissioner that the .....

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..... his title registered by the registrar. The facility that has been provided by law so as to extend the scope of protection envisaged under the Act to a person to whom the registered brand name had been assigned or transferred. This provision is by no means a condition precedent for a trade mark to be transferred by assignment or transfer. Such transmission or assignment be governed by the provisio .....

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..... rely an association of partners for a common purpose. This is in fact evident from the registration certificate issued by the Trade Marks Registry in which the brand name had been registered in the names of 5 persons trading as Economic Trading. The title of the trade mark belongs to these persons and entitlement to transfer assignment of the trade mark to the respondent was therefore not diminish .....

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