Supreme Court of India
The Registrar of Trade Marks v. Ashok Chandra Rakhit Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
The result, therefore, is that this appeal must be allowed and the respondent company must pay the appellant's costs in this Court and in the High Court.
Judgment, p. 269 (concluding paragraph)
In brief
The respondent company's registered trade mark No. 3815, used for ghee since 1897 by its predecessors, was a composite device prominently featuring the word "Shree" in Bengali and Deva Nagri script together with an ornamental figure and the name "Shree Durga Charan Rakhit". When the mark was registered under the Trade Marks Act 1940 the Registrar had proposed a disclaimer of "Shree", but did not press it after the company objected that "the trade mark Shree is very important in the device" and that its ghee was commonly asked for as "Shree".…
Authorities it was built on
- Sharp v. Wakefield
- In re Albert Baker Co.'s Application and In re Aerated Bread Company's Application
- Eno v. Dunn
- In the matter of an application by F. Reddaway & Co. Ltd
- In re Cadbury Brothers' Application
Where later benches applied it
- 2001 Hameed Joharan (d) and Ors. v. Abdul Salam (d) by Lrs. and Ors.
- 1985 American Home Products Corporation v. Mac Laboratories Private Limited and Anr.
Of those, 2 mentioned
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