Case Law Details
CCE Vs. Meyer Health Care Pvt. Ltd. & Ors. (Supreme Court)- This Court has already held in the aforementioned decision that effect of making the registration certificate applicable from retrospective date under the trade mark law is based on the principle of deemed equivalence to public user of such mark whereas such deeming fiction cannot be extended to the excise law and that the same is only confined to the provisions of the Trade Marks Act. Admittedly, in the present case, the assignment of the trade mark in question granted in terms of the agreement entered into between the parties was on 6.10.1998, which is subsequent to the date of registration of the case by the Department, which was done on 19.9.1998.
As to whether or not the effect and in fact, the aforesaid Assignment Deed which is granted in favor of the respondent would relate back prior to a date of 19.9.1998 and consequence thereof is a matter which is not decided by the Tribunal. Since the same is an issue which is relevant and relates to determination of the factual aspects, it would be appropriate to have a decision of the Tribunal on the said issue. We consider that it may not be proper for us to decide such a disputed question of fact by ourselves.
We, therefore, remit back this matter to the Tribunal for consideration of the aforesaid issue as to whether or not the Assignment Deed which was entered into between the respondent and the owner of the trade mark on 6.10.1998 would also be applicable to the case in hand and would date back prior to a period of 1998 to be considered and decided by the Tribunal by recording an effective and reasoned decision.
IN THE SUPREME COURT OF INDIA
Please become a Premium member. If you are already a Premium member, login here to access the full content.
