2017 (6) TMI 313
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....an, was a partnership firm having two partners who are brothers, namely, Shri Ram Avtar Chamria and Shri Shiv Lal Chamria. The firm was dissolved in the year 1979 with the understanding that Shri Ram Avtar Chamria will take operation under territorial jurisdiction of Delhi and nearby areas; and Shri Shiv Lal Chamria will continue at Shekhawati, Rajasthan. At the relevant time, the firm was engaged in the manufacture of ayurvedic churan products by having the drug licence under the brand name of "CHAMRIA" and "CRORPATI GOLI" - tablet form of the churan. 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 ....
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....siness 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. 7. It may be mentioned that the Hon‟ble Supreme Court in the case of Kali Areated Water Works vs Commissioner of Central Excise, Madura, 2015 (320) ELT 692 (SC), has observed that : "4. It is clear from the above that the 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 ....
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....d that Mr. K.P.R. Sakthivel is also a party to the said Mutual Agreement and no royalty is also payable to the said K.P.R. Sakthivel. Even Mr. K.P.R. Sakthivel has specifically agreed that he cannot use the brand name in the marketing area of the appellant. Thus there seems to be recognition of individual proprietary rights over the brand names within the respective specified marketing area. The nature of succession of the proprietary rights of the brand names have also been clearly dealt with. It clearly establishes that the appellant and the male descendants are alone are entitled to succeed over the ownership of the brand name within their marketing area. It is not the case of the Revenue that the appellant is marketing his products outs....