Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | grounds of honest concurrent Trademark Trade Marks Act 1940 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Trade Mark -Registration of-" Durex" -Opposition Marks indentical -Registration allowed by the Registrar on the grounds of honest concurrents user- Order of the Registrar restored-Trade Marks Act, 1940ยท (V of 1940),' ss. 8 (a), 10 (2). The respondent made an application before the Deputy Registrar of Trade Marks for registering the mark "Durex" used by it on the packing of the contraceptives manufactured and marketed by it. The registration was disputed by the appellant on the ground that it has been using the trade mark "Durex" in India since the year 1932 and its registration was renewed in the year 1954, for a period of 15 years. The Deputy Registrar of Trade Marks over ruled the objection and admitted the mark" Durex" to registration as sought by the respondent. An appeal preferred to the High Court against this order was also dismissed. The appellant's main contention in this court was that as the marks are identical, the registration had to be refused under s. 8 (a) of the Act, the provisions of which are not subject to the provisions of s. 10 (2). Further, the requirements of s. 10 (2) were not satisfied in this case and its provisions were not applicable. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1963 INSC 50 |
Petitioner | London Rubber Co. Ltd. |
Respondent | Durex Products |
SCR | [1964] 2 S.C.R. 211 |
Judgement Date | 1963-03-04 |
Case Number | 26 |
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