9911796707
TMI Blog2018 (4) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... e adjudicating authority as well as first appellate authority. As rightly held by the Commissioner (Appeals), the terms of the family agreement have clearly ruled out any scope of indicating a connection between the goods manufactured by the respondents bearing the Brand Name RIAT and M/s. Riat Machne Tools, who were also be user of the same Brand Name but on different goods. Appeal dismissed - decided against Revenue. - Appeal No. E/494/2009 - FINAL ORDER NO. 61335/2018 - Dated:- 1-3-2018 - Mr. Ashok Jindal, Member (Judicial) And Mr. Devender Singh, Member (Technical) Present for the Appellant: Shri A.K. Saini, AR Present for the Respondent: None PER: DEVENDER SINGH The brief facts of the case are that the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llegation in the show cause notice is that the brand name RIAT was registered in the name M/s. Riat Machine Tools, which was a family concern. As per partnership deed dt. 01.04.2001, Sh. Nav Ratan Singh (father) and Sh. Davinder Singh and Sh. Jaspal Singh (sons) were its partners. Brand Name RIAT was registered in the name of Riat Machine Tools for their final products Centreless Grinding Machines, Surface Grinding Machines, Crank Shaft Grinding Machines and Machine Tools. The appellant have been using brand name RIAT on their product Centreless Grinding Machines and Surface Grinding Machines since 2001. The demand is for the period 12.9.2002 to 4.4.2007. In his statement dated 14.8.2000, Sh. Jaspal Singh, proprietor of the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to avoid competition in the market. 7. that Sh. Jaspal Singh gets the legal right to exclusive use and registration of the above two machines only. Sh. Jaspal Singh can manufacture any other machines also but not under the TM Riat. 5. In terms of the aforesaid family settlement deed, M/s. Riat Machine Tools relinquished their right to use the said trade mark on Centreless Grinding Machines and Surface Grinding Machines, if manufactured by them. The respondents were given the exclusive right to use TM RIAT for two machines manufactured by them i.e. Centreless Grinding Machines and Surface Grinding Machines and were allowed to get that Trade Mark registered for the said two machines in their own name. It was also agreed upon that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
