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CALBIN KLEIN COSMETICS CORPORATION versus REGISTRAR OF TRADE MARKS


Articles 8 and 76 of the Trademark Act of 1940 reject the appellant's request for the entry of the word \ madness of trademark as a trade mark, that another application seeking the same trade mark has already been accepted for registration. Was. Regulatory trade numbers initially raised objections to the applicants' request on the basis that another applicant applied for the same trademark registration in the same class where more than one applicant. Requested the registration of a common mark in the same class; it is always advisable for the registrar to raise all such applications simultaneously to avoid possible collisions in his decisions; Cannot reject on the basis of the trademark requested Another application for registration of the trademark requested for today is pending. The application for trademark registration was set aside and the case was sent to Hynd to decide on the appellant's request along with the petition filed by the rival party.

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