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TMI Blog1998 (11) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... kan, JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. Appeals taken up for disposal after waiving deposits. 2. Appellant in E/3234 manufacture PVC pipes and appellant in E/3237 manufacture different class of electric fuse as parts and others are partners of these two firms. Each of them fixes on the products the brand name Ashok India in a characteristic writing and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich notice was issued. 3. The Commissioner in his order has not even considered any of these contentions or referred to them. The order that he has passed discussed of notices issued not only to these appellants but five others and it would appear that these submissions had escaped his attention. 3. These appeals have come to us after the matter was remanded to the Commissioner on an appeal f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the brand name owner. 5. Section 8 of the Trade and Merchandise Marks Act, 1958 incorporates the principle that same trade mark may be used by different persons for different goods. Sub-section (1) provides that a trade mark may be registered in respect of any or all of the goods comprising a particular class of goods. It is therefore, perfectly possible for the same trade mark to be registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nied on the ground that the brand name could be utilised for goods for another person. This is in fact the ratio of Tribunal s decision cited. Although it referred to Notification 175/86 the principle would equally apply to Notification No. 1/93. The benefit of the notification has therefore wrongly been denied and therefore available to the appellants. Penalty was not imposable on the Partners of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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