Case: Biological E. Ltd., Bombay Vs Medoz Pharmaceuticals, Baroda. Trademark Tribunal

CounselFor Appellant: Mr. I.N. Kayser, Adv. and For Respondents: Mr. R.R. Shah, Adv.
JudgesK. K. Sharma, ARTM
IssueTrade and Merchandise Marks Act, 1958 - Section 46
Citation1988 (8) PTC 282 (Reg)
Judgement DateJuly 18, 1988
CourtTrademark Tribunal


K. K. Sharma, ARTM

In these proceedings Biological E. Ltd., having place of business at Das Chambers, 25, Dalal Street, Bombay-23 (hereinafter referred to as the applicants for Rectification) applied on 27-8-1982 to rectify the register by removing therefrom the trade mark "NOSCAPHENE" under registration No. 291416 in class 5 of M/s. Medoz Pharmaceuticals, 4/2, Industrial Estate, Baroda-3.

The grounds for Rectification are:

That one Evans Medical Limited a company incorporated under the Laws of England and having its registered office at Speke, Liverpool L 24, 980 England, got the trade mark "COSCOPIN" registered under No. 197034 in class 5. The said trade mark has been renewed from time to time and the same is valid and subsisting on the Register of Trade Marks.

The said Regd. Trade Mark COSCOPIN has been widely used in India since 1959 by the said Evans Medical Ltd. and since 1964 through Biological Evans Ltd., under and by virtue of various arrangements which has resulted in acquisition of a vast and valuable reputation as such the trade mark COSCOPIN has come to be associated with Evans Medical Limited and/or Biological Evans Limited.

By a certificate of incorporation consequent on change of name dated 3-10-1979 issued by the Registrar of Companies in the name of Biological Evans Ltd., to change the name of Biological Limited to (Biological E. Ltd.) the name of the said Biological Evans Ltd. After the issue of the said certificate the name of the company has changed to Biological E. Limited and the said Biological E. Limited have filed a request on Form TM-33 requesting the Registrar of Trade Marks to alter their name as Biological E. Ltd. in the Register of Trade Marks to respect of the trade mark registered in their name and the Registrar of Trade Marks by its order dated 3rd April, 1980 altered the name of Biological Evans Ltd. to Biological E. Ltd..

That the applicants for rectification and/or their predecessors in title have been carrying on business of manufacturing and marketing pharmaceutical preparations of all kinds on the large and ready scale throughout length and breadth of India.

That by Deed of Assignment dated 10-12-1981 entered by and between the said Evans Medical Ltd., and the applicants for rectification namely the said trade mark the COSCOPIN has been assigned to the applicants for rectification without the goodwill of the business and as more particularly stated in the said Deed of Assignment and a request on form TM-24 dated...

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