Astra Pharmaceuticals (P) Ltd vs C.C.E on 16 December, 1994
As regards the brand name, while making a distinction between 'House Mark' and 'Product Mark' or 'Brand Name', the Hon'ble Supreme Court in the case of Astra Pharmaceuticals v. CCE, Chandigarh held that 'Product Mark' or 'Brand Name' (invariably a word or a combination of a word and letter or numeral) is the one by which the product is identified and asked for. In the instant case, Mother Dairy is the marketing agent of the manufacturer and in the label, it was clearly mentioned by them that they were only marketing the product. The name and address of the manufacturer was clearly mentioned on the label of the product. Thus I do not consider the words 'marketed by Mother Dairy' as brand name since this particular product (Mineral Water) is not identified with Mother Dairy and is not asked for in the market as a product of Mother Dairy. No consumer asks for 'Mother Dairy ' when he or she wants to buy this particular product, while we normally ask for 'Aquafina' or 'Kinley' or 'Bisleri' when we want to buy these specific brands of Mineral Water. In the light of above case decisions submitted by the appellant, I find that the impugned marking is not a 'Brand Name' or 'Product Name'. I, therefore, set aside the impugned order and allow the appeal.