Trade and Merchandise Marks Rules, 1959


Rule 24(3)

Dispute as to certificate of search of trade mark "Bharat Marshal" — Resemblance of the two marks, which is likely to cause deception or confusion

HELD " in the present case I need not go into details and leave it open to the Registrar of Trade Marks to go into the question of resemblance and deceptive similarity as used in sub rule 1 and 3 of the Rule 24 of the Trade and Merchandise Marks Rule, 1959 as the matter is being remanded back. It is apparent that the Registrar of Trade Marks has given contradictory reports and the certificate dated 28th July, 1995 issued to the respondent No. 7 was without examining the earlier marks, which had been registered on the date when the application under TM Form No-60 was filed by the respondent No. 7 and when certificate was issued. The Registrar of Trade Marks will re-examine the matter in the light of the reports submitted by the Registrar of Trade Marks on the search carried out on the request of the petitioner. The impugned certificate dated 28th July, 1995 is accordingly quashed and set aside and the matter is remanded back to the Registrar of Trade Marks to re-examine the Form TM-60 filed by the respondent No. 7 and pass an appropriate order".

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