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2017 (5) TMI 617 - CESTAT CHENNAISSI exemption - use of Brand Name of another person - it was found that the respondents were clearing the finished products under the brand name RADO which was already being used by other persons - the case of Revenue is that the brand name RADOJI is deceptively similar to the brand name RADO which is registered in the name of other persons - Held that: - Since no allegation has been raised in the SCN that the respondents have been using deceptively similar brand name, the said plea of the department cannot be accepted at the stage of appeal - From the documents of the Trademark Registry also, it is seen that the respondents had applied for the registration of the brand name RADOJI and not RADO - the respondents have been clearing the goods under the brand name RADOJI and not RADO as alleged in the SCN - appeal dismissed - decided against appellant-Revenue.
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