ADREMA A G ZURICH Vs. ADREMA LIMITED

JUDGEMENT

(1.) In this appeal a preliminary objection has been taken, viz., that this Court has no jurisdiction to hear this appeal. This point is of some importance and there is no decision of this Court upon it. We have heard the Learned Counsel at great length and whatever may be our decision in this matter the point is certainly not free from difficulty.

(2.) The appeal is against an order of the Registrar, Trade Marks, registering the word "Adrema" as the trade mark of the Respondent Company. For the purpose of this appeal, it is not necessary to set out the facts in very great detail. It would be sufficient to say that the Respondent Company presented an application for registration of the said trade mark. The application was presented in Calcutta at the branch office of the Registrar of Trade Marks. The application was thereafter sent to Bombay and the Registrar of Trade Marks at Bombay decided that the Applicant was entitled to have the said trade mark registered. It is against that decision that present appeal has been filed.

(3.) At the hearing of this appeal the Learned Counsel for the Respondent took the plea that this Court has no jurisdiction to hear this appeal and it is the Bombay High Court which alone has the jurisdiction to hear it. I should at this stage mention that it was not until the Appellant had been heard for about 2 days that this point was taken by Learned Counsel for the Respondent. The point, however, having been taken it became necessary for us to decide it.