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JATCO KABUSHIKI KAISHA versus REGISTRAR OF TRADE MARKS


Sections 8 (1), 10 (1) and 14 (1) of the Trademark Revised Regulations, 1963, June 23 and 24 (2) authorize the fraud registrar of trademark entries to register for non-advertisement in the Trademark Journal. Applied by: Trademarks excluding automobiles, buses, converters for land vehicles, motorcycles, transmissions for land vehicles, trucks, electric vehicles, wagons, water vehicles, auto parts, and equipment registered in the name of respondents Was already registered limited to spare parts, allowing the appellant to use spare parts and the goods to each other Unmatched Registrar Trademarks refused to register the Appellant's trademark with the Plaintiff raised by the Appellant because of its similarity. The Registrar had wrongly requested the jurisdiction of sections 8 (a) and 10 (1) of the Trademarks Act, 1940. Under the accuracy, there was no question of consumer fraud or confusion for the article. ? The Registrar of the Registrar Trademarks had inadvertently entered into service the provisions of Section 8 (a) and Section 10 of the Trademarks Act, 1940. The registrar had to exercise his discretion in approving the application. And if it has come under the prohibition of the provisions of the Trade Trade Marks Act, 1940, it cannot be accepted in this application; if it cannot advertise the request then it can follow the strict principle of law and Not with disrespect The goods produced by the appellant did not match those items that were already hidden under the registered trademark in the field for sale of both items.

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