Supreme Court · 1969 INSC 223 · Decided 8 September 1969
F. Hoffmann-La Roche & CO. LTD. v. Geoffrey Manners & CO. PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 223 · [1970] 2 S.C.R. 213
- Case number
- CIVIL APPEAL No. 1330/1966
- Decided
- 8 September 1969
- Bench
- J.C. SHAH, V. RAMASWAMI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Companies Act
Headnote
The Trade and Merchandise Act, 1958, ss. 12(1) and 9(1)-Vitamin preparations-'DROPOVIT" whether a trade mark deceptively similar to 'PROTOVIT' so as to o/jened s. 12(1)-'DROPOVIT' whether a descriptive word or an invented word for the purpose of s. 9(1)-Tests. In. 1~46 the trade mark manufactu'red by the appellant company. In 1957 the respondent company applied for registration of its mark 'DROPOVIT' in respect of "medical and pharmaceutical preparations and substances". The application was granted. When the appellant came to know about this trade mark it asked
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