LAWS(CAL)-1988-3-4

EXPRESS BOTTLERS SERVICES PVT LTD Vs. PEPSI INC

Decided On March 24, 1988
Express Bottlers Services Pvt Ltd Appellant
V/S
Pepsi Inc Respondents

JUDGEMENT

(1.) This is an application by the petitioner under Sec. 46 of the Trade & Merchandise Marks Act 1958 for removal of the marks "Pepsi Cola" "Pepsi" and "Pepsico" from the Register and for rectification of the Register. The respondent No. 1 is the registered proprietor of the said marks the particulars whereof are set out below: - -

(2.) The scope and requirements of Sec. 46 of the Act of 1958

(3.) How the proprietary right over the mark is acquired