C NBRAHMIAH Vs. BNARAYANASWAMY

JUDGEMENT

(1.) The petitioners are convicted under Section 68, the Mysore Trade Marks Act, 1944 for having falsely published a Trade Mark as "registered" when it was not so registered, and sentenced to pay a fine of Rs. 10/- each, by the First Class Magistrate, Civil Area, Bangalore.

(2.) A concern run by the petitioners under the name and style of "Raja Soap Factory", manufacturing washing soaps in Mysore City put up goods in the market for sale. The complainant indented in August 1950 for the supply of soaps and found on the packages supplied trade labels of the pattern of Ex. P-3 displayed thus: Raja Soap Factory Mysore Registered Trade 303 Mark Registered Trade Mark 303 303 The goods with such representation are proved to have been delivered at the address of the complainant in the Civil Area on or about 4.9.1950. The case for the prosecution is that the representation of the said Trade Mark as registered is false and unauthorised and the petitioners by such publication have made themselves liable for punishment under Section 68, Trade Marks Act. It is admitted that the Trade Mark used is not registered as claimed.

(3.) It is contended by Mr. V. Krishna Murthy for the petitioners that they are not liable to be convicted under the Trade Marks Act of 1944 as Section 68 of the said Act cannot be said to have been in force in the Civil Area on the date of the offence as the operation of the said section could only commence by a notification issued not less than one year after the commencement of the Act in a particular area. There is no force in this contention.