CADILA LABORATORIES LTD Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) Cadila Laboratories-petitioner has filed this appeal under Section 109 of the Trade and Merchandise Marks Act, 1958 against the judgment and order dated 14.11.1990 passed by the Assistant Registrar, Trade Marks, Ahmedabad (hereinafter referred to as 'respondent No. 2). Respondent No. 2 by the said decision was pleased to reject the application filed by the petitioner for registration of its Trade Mark consisting of the word 'Brofex' (word per se) for the specification of goods to read as 'Pharmaceutical and Medicinal Preparations' in class 5 of 4th Schedule to the Trade and Merchandise Marks Rules, 1959 (hereinafter referred to as 'the Rules'). The petitioner had also filed this application under Section 12(1) read with Section 18(4) of the Act. The Registrar was pleased to reject the application and ordered for advertisement in the Trade Mark Journal.

(2.) The relevant facts giving rise to this appeal are as under:

(3.) Being aggrieved and dissatisfied with the aforesaid decision of respondent No. 2 dated 14/11/1990 wherein the Assistant Registrar, Trade Mark, was pleased to refuse to advertise the application before acceptance as per proviso to Section 20, the petitioners have filed this appeal before this court under Section 109(2) of the Act in this behalf.