TMI Blog2017 (10) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... ame. The Tribunal in the case of Bentex Motor Control Industries Vs. CCE [2001 (10) TMI 152 - CEGAT, COURT NO. II, NEW DELHI], held that the appellant will be entitled to use of the brand name "ASOKA" with the suffix A within the territory allotted to the appellant since such a brand name is used by the appellant only after proper assignment. Appeal allowed - decided in favor of appellant. - E/581/2007-EX[DB] - 41854/2017 - Dated:- 14-6-2017 - Ms. Sulekha Beevi C.S. Judicial Member And Mr. V. Padmanabhan, Technical Member Present Shri M. Kannan, Advocate for the appellant Present Shri S. Govindarajan, DR for the respondent ORDER Per: V. Padmanabhan The appeal is against the order-in-Appeal No.31/2007 dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indarajan, DR for the respondent. 5. The Id. Counsel agitating the grounds of appeal submitted that originally the brand name ASOKA was developed and owned by M/s. Vijay Chemicals Toilet Works (AP). After the dissolution of the original partnership firm, the partners started different units and settled among themselves the use of the brand name ASOKA along with different suffixes in different geographical locations. Accordingly, the brand name ASHOKA-A came to be used by the present appellant in various districts of Andhra Pradesh and Tamil Nadu. Further, he submitted that the issue of the use of the brand name by the various units in different jurisdictions has been settled by the Tribunal in the case of CCE Vs. Vijaya Chemica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore we do not find any ground to interfere with the order of the Commissioner (Appeals) particularly in the light of the Tribunal's judgment in the case of Bentex motor Control Industries v. CCE, New Delhi as reported in 2002 (139) E.L.T. 679 and we uphold the impugned order and reject the appeal. 10. Upon consideration of the decision of the Tribunal in the case of Bentex Motor Control Industries Vs. CCE - 2002 (139) ELT 679 , we come to the conclusion that the appellant will be entitled to use of the brand name ASOKA with the suffix A within the territory allotted to the appellant since such a brand name is used by the appellant only after proper assignment. Similar view have also been expressed by the Tribunal in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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