Law: Trade Mark Act, 1940

Section: 8, 10

(a) Trade Marks Act (V of 1940), Ss. 8 & 10-Trade Mark, registration of-Conditions to be imposed by Registrar-Discre tionary-Registrar cannot, however, impose a condition arbitrarily or capriciously-Order of Registrar imposing condi tions for registration of Trade Mark-Open to appeal before High Court. In the absence of a legal bar the Registrar is not entitled to impose a condition arbitrarily or capriciously. He can impose such a condition when it is necessary in view of the prohibitions imposed by the statute in respect of registration of a trade mark. He can also refuse when reasons direct him to do so and if an applicant for registration finds that a condition has been illegally or unreasonably imposed on him, he is entitled to prefer an appeal to High Court. The position in law is that when the amendment is imposed the applicant is unable to get the registration in the manner proposed by him. If he accepts the amendment the matter ends there. If he does not accept the amendment he has a right to go on appeal with a prayer for changing the order of the Registrar or the Deputy Registrar as the case may be. It is not understood how there would be difference between a condition imposed by the Registrar suo motu and a condition imposed by him at the instance of a party. In both the circum stances in order to uphold the condition it is to be shown that the direction of the Registrar is legal and reasonable. (b) Trade Marks Act (V of 1940), Ss. 8(a) & 10-Trade Mark, registration of-Similar pharmaceutical ,preparations-Mode of representation of one being cross formed within an encircling border with letter "Bayer" and other being cross-device with letter "P. M. S."-Both marks, held, phonetically different and their visual resemblance not such as to warrant imposition of any condition-Registrar's order directing trade mark "P. M. S." in a single line horizontally set aside and registration ordered uncondi tionally. Dates of hearing : 1st and 2nd July 1968. JUDGMENT A. S. CHOWDHURY, J.-This appeal calls in question an order made by the Deputy Registrar of Trade Marks, Chittagong, on the 17th March 1965, refusing…