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2017 (6) TMI 313 - AT - Central ExciseSSI exemption - use of brand name of third party - unregistered trade mark - The Trade Mark authorities in the year 2001 refused to register the word “CHAMRIA” as a Trade Mark by observing that it is a surname and the same cannot be registered as a Trade Mark and is free for all to use - Held that: - the word “CHAMRIA” is being used as a Trade Mark by the assessee-Appellants since the origin of the business in Rajasthan. One of the brothers has established the unit with the same brand name in Delhi, who is the assessee-Appellants in the present case. Thus, the assessee-Appellants are entitled to use the Trade Mark “CHAMRIA” which was originally belongs to them since the inception of business in Rajasthan, especially when it is free to all - reliance placed in the case of Kali Areated Water Works vs Commissioner of Central Excise, Madura [2015 (6) TMI 226 - SUPREME COURT] - the assessee-Appellants are entitled for the SSI exemption under N/N. 1/1993 dated 28.02.1993 - appeal allowed - decided in favor of appellant-assessee.
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