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SHAN FOOD INDUSTRIES versus EASTERN PRODUCTS (PVT.) LTD.


Sections 8 (a) and 10 (1) prohibit the registration of trademarks The proposed trade mark can lead to fraud and confusion in the minds of the general public. The effect was appellant. A trademark was registered in connection with the issues, since 1985 respondents applied for the trade mark, ER Eastern Shan T, which the registry denied on the basis that it was not only The trademark of the appellant was the same, but similar to the respondents' deception was that the word \ Shan the language was the word 'Urdu' and no one had ever coined it, therefore, Cannot be allowed to monopolize. That is, that the logos / products of the two sides were quite different, and that the question of cheating could not arise because the products were not related to each other because the tea was a refreshing and the spice was not correct. Items were generally available at the same time. The general advertising of both the general store and potential customers was generally the same, that is, the electronic and print media, as well as the billboards, were the same for both product consumers and sales outlets, which was a refreshing tea and primarily There was no food. The item, as well as spicy food, was used for spice eating and was not a necessary ingredient. Spices / spices and tea were the ingredients used for the purpose of refreshment / spice, etc. both were intended for drinking. And more flexible logos / designs and words for foodies

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