TAPTON TEA COMPANY Vs. LIPTONS LTD
HIGH COURT OF PUNJAB AND HARYANA
TAPTON TEA COMPANY
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(1.) THIS is an appeal filed by the proprietors of a firm styled Tapton Tea Company against the order of the Deputy Registrar of Trade Marks at Bombay refusing the application of the appellants for the registration of the trade mark 'tapton Tea' on the opposition of Messrs. Lipton limited, a company registered in England with its Head Office in India at Calcutta.
(2.) THE appeal has apparently been filed in this Court simply because the appellants' firm is located at Amritsar and the objection has been taken that the appeal should have been filed in the high Court at Bombay.
(3.) SECTION 76 (1), Trade Marks Act, 1940, under which the appeal has been filed reads: "save as otherwise expressly provided in this Act, an appeal shall lie, within the period prescribed by the central Government, from any decision of the registrar under this Act or the rules made thereunder to the High Court having jurisdiction: provided that if any suit or other proceeding concerning the trade mark in question is pending before a High Court or a District Court, the appeal shall be made to the High Court or, as the case may be, to the High Court within whose jurisdiction that District Court is situated. " there is a decision by Abdur Rahman, J. , in --'abdul Ghani Ahmad v. Registrar of Trade marks', AIR 1947 Lah 171 (A), which is directly in point. In that case a firm of Lahore had applied to the Registrar of Trade Marks at Bombay for the registration of three different trade marks and the applications had been rejected, and the three appeals were filed in the High Court at Lahore under Section 76 and it was held that the appeals lay in the High Court at Bombay and not in the High Court at Lahore.;
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