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2015 (6) TMI 226 - SC - Central ExciseExemption under Notification 1/93-CE dated 28.2.1993 - manufacture of Aerated Water under various brand names using the trade mark with the “Kalimark” / M/s.Kali Aerated Water Works” - Use of third party brand name - Held that:- Trade name 'Kalimark Aerated Water Works' and trade mark mentioned in the said agreement would remain vested in all the parties including the appellant and the appellant was also allowed to use the same. The agreement further provides that the user of this trade mark, therefore, shall not make any payment of royalty or remuneration to any other party. This very fact was correctly appreciated by the Commissioner who decided the appeal in favour of the appellant. - appellant has been using its own brand name 'Kalimark' and it belongs to the appellant. In view thereof, the case of the appellant is squarely covered in its favour by the judgment of this Court in Civil Appeal No.9157 of 2003 titled CCE, Hyderabad IV vs. Stangen Immuno Diagnostics [2015 (6) TMI 155 - SUPREME COURT OF INDIA] - Decided in favour of assessee.
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