Supreme Court of India · 1970-03-18
NATIONAL BELL CO. & ANR. vs METAL GOODS MFG. CO. (P) LTD. & ANR.
- Citation / case number
- SC 1966/60472
- Court
- Supreme Court of India
- Petitioner
- NATIONAL BELL CO. & ANR.
- Respondent
- METAL GOODS MFG. CO. (P) LTD. & ANR.
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that under Section 32(b) and (c) of the Trade and Merchandise Marks Act, 1958, a trade mark's original registration is valid after seven years unless proven otherwise. The Court found that the numeral '50' was not distinctive and thus the registration could be challenged under Sections 11(a) and 11(e). The appeal was allowed, and the registration of the trade mark '50' was cancelled, affirming the High Court's decision to set aside the earlier cancellation order.