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Trademark Court June 2001 Judgments

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Jun 29 2001

Anthony Kavalakattu Trading as Vs. E.M.i. Records Limited

Court: Trademark

Decided on: Jun-29-2001

Reported in: (2002)(24)PTC738Reg

1. On 28th December, 1987, S/Shri Issac Joseph, James P. Jacob, Marykutty Abraham, Jose M. Thomas, T.T. Kuncheria, Jose K. Nadakkal, Vincent K. Nadakkal, N.K. Kuriakose and Anthony Kavalakattu, partners trading as Lunar Rubbers, partnership firm at Mani Industrial Estate, Olamattam, Toduphuzha, Kerala (hereinafter referred to as 'the Applicants') filed an Application being Application NO. 483274 in class 25 for registration of a label containing the device of a dog and the words HIS MASTER'S CHOICE as its essential feature of the mark in respect of 'Hawai chappals being goods included in class 25'. The said trade mark was proposed to be used in respect of the said goods on the date of application. The Registrar of Trade Marks raised preliminary objection to the aforesaid application under Section 9 of the Act that the mark is not adapted to distinguish the goods of the Applicants, but after hearing in the matter and the Applicants on producing a certificate of incorporation issued by ...


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