Monday, May 17, 2010

Doctrine of Trans border reputation

Trade Marks Act, 1999
Sections 18 & 20

Applications for registration of Trade Mark "Camel Collection" in respect of "all types of readymade garments, including foot wear and head gear" . Notice of opposition rejected .
Value of trans border reputation earned by the petitioner in respect of Camel brand Cigarettes .
HELD that In exercise of power under Article 226/227 of the Constitution, the High Court would be justified in not looking into any documents which were not produced before the Registrar of Trade Marks or before the Appellate Board and are sought to be produced for the first time .
Respondents conceived and adopted the trade mark "Camel Collection" along with device of "Camel, and Camel Trophy" during the year 1992 and has been doing extensive and continuous business . Impugned order, affirmed.

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