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Ruston & Hornsby Ltd vs The Zamindara Engineering Co on 8 September, 1969

15. It s pertinent to observe here that the Hon'ble Suprmee Court in the case of RUSTON & HORNSBY LIMITED v. ZAMINDARA ENGINEERING COMPANY reported in (1970)2 SCR 222 has observed that the action for infringement is a statutory right and it is dependent upon the validity of the registration and subject to other restrictions laid down in Sections 30, 34 and 35 of the Trade Marks Act. In the light of the said judgment, the case of appellant has been examined. While considering the case of the defendant, test is to be done by reading Sections 30, 34 and 35 of the Trade Marks Act. After having applied the said test it is found that the defendant was entitled to get the trade mark registered by suffixing the word 'Patil', which is used as bona fide.
Supreme Court of India Cites 11 - Cited by 289 - V Ramaswami - Full Document
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