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ERWIN MULLAR GMBH & CO. versus ASSISTANT REGISTRAR OF TRADE MARKS


Section 10 prohibits the registration of identical or similar trademark Registrar of Trademarks Scope applicants for the same or fraudulently and similarly similar trademarks have to show the same user or other special conditions. The initial burden for registration is on the entry to prove to the satisfaction of the Registrar that it is in honest and harmonious use or other special circumstances. Other special circumstances of the phrase The use of other trademarks is not a consideration of the economic status of the other party's consent to allow the registration of the other party.

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