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march 1970

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.

NATIONAL BELL CO. & ANR. vs METAL GOODS MFG. CO. (P) LTD. & ANR. · Niyam