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2009 (10) TMI 808 - CESTAT NEW DELHISSI exemption - use of brand name of others - Held that: - once the registration of the trade mark under the said Act is granted, it takes effect from the date of making of the application for the registration. The certificate of registration issued to the appellants clearly discloses that the application was filed on 1-5-1992. In fact, the certificate itself reads that the appellants have been registered under the Act in relation to the trade mark for telephone (basic and cordless) as of the date of 1-5-1992. Obviously, therefore, the authorities below erred in denying the benefit under the said notification w.e.f. 1-5-1992 to the appellants and order in that regard cannot be sustained. The appellants are entitled for benefit under the N/N. 175/86-C.E. dated 1-3-1986 and 1/93-C.E., dated 28-2-1993 w.e.f. 1-5-1992 onwards - appeal allowed - decided partly in favor of appellant.
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