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TMI Blog2016 (8) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... as changed by the Registrar of Trademarks only to reflect the change in proprietor of M/s. G.C. Laboratories. Hence, the brand name Blue Heaven is in the name of Shri Gurnam Singh, Sole Proprietor of M/s. G.C. Laboratories as per the order of trademark registry dated 22/12/2006, which is on the basis of the request dated 23/07/2001. Under such circumstances, the brand name Blue Heaven is to be considered as continuously belonging to M/s. G.C. Laboratories. Therefore, the goods cleared by the appellant bearing the brand name Blue Heaven will be throughout entitled to the benefit of the SSI Notification. - Decided in favour of appellant - Appeal No. E/2119-2123/2008-EX[DB] - Final Order No. 52852-52856/2016 - Dated:- 5-8-2016 - Ms. Archana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... periods of time. He has also submitted a copy of the legal proceedings with respect to the trademark Blue Heaven , Registration No. 293541 issued by the Registrar of Trademark. He took us through the progress of the transfer of the above Trademark which has come to rest with Shri Gurnam Singh, Sole Proprietor of M/s. G.C. Laboratories. 4. We have perused the legal proceedings with respect to the above trademark issued by the Registrar of Trademarks. We find that this trademark was registered in the name of Shri Charanjeet Singh Arora, trading as G.C. Laboratories w.e.f. 15/1/1981. W.e.f. 18.07.1996, the brand name was registered jointly in the name of Shri Charanjeet Singh and Shri Gurnam Singh trading as M/s. G.C. Laboratories. We also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is linked throughout with G.C. Laboratories and there is no doubt about it. There is no allegation whatsoever that the brand name belongs to some other person. The registration of the brand name was changed by the Registrar of Trademarks only to reflect the change in proprietor of M/s. G.C. Laboratories. We find that the status of the firm G.C. Laboratories has undergone changes, partnership to joint proprietorship of Shri Charanjeet Singh and Shri Gurnam Singh and finally the sole proprietor Shri Gurnam Singh. Hence, we conclude that the Apex Court decision is distinguishable and not applicable to the present facts of the case. 7. The brand name Blue Heaven is in the name of Shri Gurnam Singh, Sole Proprietor of M/s. G.C. Laboratories a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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