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PETITIONER: NATIONAL SEWING THREAD CO. LTD.
Vs.
RESPONDENT: JAMES CHADWICK & BROS. LTD.(J.& P. COATS LTD., Assignee)REG
DATE OF JUDGMENT: 07/05/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND BOSE, VIVIAN JAGANNADHADAS, B.
CITATION: 1953 AIR 357 1953 SCR 1028 CITATOR INFO : APL 1956 SC 202 (8) E 1965 SC1442 (6) R 1968 SC 384 (4,5) RF 1986 SC1272 (88,89,94,95) RF 1987 SC2323 (10) R 1989 SC2113 (31)
ACT: Trade Marks Act, 1940, ss. 8, 76-Application for registration of trade mark -Dismissal by Registrar -Appeal to High Court . Judgment of Single Judge --Whether appealable to Division Bench Letters Patent (Bombay) cl.15- Government of India Act, 1915, s. 108-Constitution of India, 1950, s. 225-Power of Registrar to reject application if mark is likely to deceive or cause confusion Decision in passing off action, whether conclusive.
HEADNOTE: Section 76(l) of the Trade Marks Act, 1940, provides that an appeal shall lie from any decision of the Registrar under the Act or the rules made thereunder, to the High Court having jurisdiction, but the Act did not make any provision with regard to the procedure to be followed by the High Court in the appeal or as to whether the order of the High Court was appealable: Held that the High Court had to exercise its appellate juris...