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TMI Blog2022 (2) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... ENTRAL EXCISE, CHENNAI I [ 2018 (7) TMI 241 - CESTAT CHENNAI] wherein the Tribunal held The appellants have entered into an agreement with Meridien SA dated 12.4.2000 by which they have acquired the brand name Le Royal Meridien . They have been given the exclusive right to use the brand name till the expiry of the agreement. Therefore, it cannot be said that they are using the trademark of another person. The demand cannot sustain - Appeal allowed - decided in favor of appellant. - EXCISE APPEAL No.42220 of 2016 - FINAL ORDER No. 40069 / 2022 - Dated:- 15-2-2022 - MS. SULEKHA BEEVI C.S., MEMBER (JUDICIAL) AND MR. P. ANJANI KUMAR, MEMBER (TECHNICAL) Shri M.N. Bharathi, Advocate For the Appellant Shri Arul C. Durairaj, Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... using the brand name of another. The appellant has not used any brand name on the goods cleared by them. Further, the brand name as per the Notification No.8/2003-CE dated 01.03.2003 means a brand name or a trade name whether registered or not, that is to say, a name or a mark, such as symbol, monogram, label, signature or invented word or writing which is used in relation to such specific goods for the purpose of indicating, or so as to indicate a connection in the course of trade between such specified goods and some person using such name or mark with or without any indication of the identity of that person . 3. The appellant has entered into an agreement with M/s.Le Royal Meridien and Meridien SA dated 12.04.2000. By such agreem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case, the appellants have entered into an agreement with Meridien SA dated 12.4.2000 by which they have acquired the brand name Le Royal Meridien . They have been given the exclusive right to use the brand name till the expiry of the agreement. Therefore, it cannot be said that they are using the trademark of another person. This issue was considered by the Hon‟ble Supreme Court in the case of Otto Bilz (India) Pvt. Ltd. (supra), wherein the foreign brand name owner when had assigned the trademark to the Indian company under an agreement with the right to use the trademark exclusively in India, the Hon‟ble Court held that the Indian company is entitled to SSI exemption. The relevant portion of the judgment is reproduced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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