2004 (9) TMI 439

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..... athy, Member (T)]. Heard both sides at length. The appellants manufacture several P or P medicines such as Ocupol, Ocupol-D, Cipro-Cent etc. In addition to using these names of medicines, they also use centaur on the packings. It is the claim of the appellants that centaur is only a house-mark and not a brand name. They also claim that the house-mark was assigned to them as per an agreem .....

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..... aum v. Udaya Chandra Suvarna - 2002 (150) E.L.T. 1050 (Tri. - Del.) (8) Voltarc India Pvt. Ltd. Anr. v. C.C.E., Guntur Vice Versa - 2004 (172) E.L.T. 221 (Tribunal) = 2004 (63) RLT 58 (CESTAT-Ban.) (9) C.C.E., Hyderabad v. Sanghi Threads - 2004 (171) E.L.T. 112 (Tribunal) = 2004 (62) RLT 991 (CESTAT- Ban.) (10) Sri Rama Engineers v. C.C.E., Bangalore - 2002 (150) E.L.T. .....

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..... ase records and cited case laws, we find that the individual medicines are marketed under different brand names whereas centaur is marked on all the medicines. As such, following the Apex Court decision in Astra (supra), we hold centaur to be a house mark only which does not establish a relationship between the mark and the medicines. We also note that the definitions of brand name and trad .....

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