2005 (12) TMI 313

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..... Respondent. [Order per : T. Anjaneyulu, Member (J)]. The appellants are engaged in the manufacture and clearance of Drum Motors and Electric Motors on which they affix the logo and monogram Cyclo . On enquiry made, it was revealed that the said monogram was used by them since 1987 and earlier it was used by M/s. Cyclo Enterprises since 1978 and also by M/s. Cyclo Transmission Ltd. sinc .....

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..... clo came to the appellants. But as discussed above, due to transfer of the technology of production and discontinuing of production by M/s. Cyclo Enterprises, M/s. Cyclo Transmission Ltd. became eligible to use the monogram Cyclo . Also from the above facts, it is clear that the date on which the agreement between M/s. Cyclo Enterprises and the appellants was done, i.e. on 1-4-93, M/s. Cyclo Ent .....

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..... ellants were using the monogram Cyclo of M/s. Cyclo Transmission Ltd ... Hence, the present appeal. 3. After hearing both sides and considering the material, it is found - (a) There is no condition stipulated in the Notification impugned that the brand name/logo should be in the ownership and that the benefit of the Notification will have to be denied if the use of a logo/brand name o .....

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