respondent.
8. Learned Counsel for the applicant argued that the mark was generic and descriptive and not a trade mark. He also drew our attention ... respondent as alleged by him. He also submitted that the mark is neither generic nor descriptive and has no direct reference to the quality
extent, the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take ... will construe that this mark is derived from the basic drug. The mark is neither a dictionary word nor a generic word
proprietor. Hence the mark applied for is not registrable being totally a non-distinctive trade mark. Respondent further submitted that the mark applied ... general practice in the pharmaceutical trade that the trade marks are derived from the generic names.
3. Learned Assistant Registrar heard the parties and held
Generic Medicaments
ii) Deny the Modvat Credit availed.
2) The Commissioner (Appeals) found that the assessee had used a house mark "as brand name ... cannot be sold /marketed in the name of such logos or mark. Since generic names have been printed on containers/labels & product sold
explain the revision from the price escalation formula to a fixed mark-up
formula, it was submitted that the same was carried out solely ... review by CIL. The Generic
Model FSA, which included the revised model for contract price through
Fixed Mark Up and Base Price was made available
from license to generic, an alternate
approach would be to consider the non-AE segment as internal
comparable to bench mark the AE transactions ... from license to generic,
an alternate approach would be to consider the non-AE segment as
internal comparable to bench mark the AE transactions
name or registered mark under the Trade and Mechandise Marks Act, 1958 (43 of 1958) or any other mark such as symbol, monogram, label, signature ... domestic market, but without the Registered Trade Mark. Therefore, they were rightly classified as generic products under Tariff Sub-heading No. 3003.20. The Assistant Commissioner
Assistant Collector rejected the explanation of the assessees that these symbols/markings had been printed only to assist their workers in sorting out the supplies ... only and they had not supplied to the trade with generic name. The markings on the cartons/labels are " !! ". There is nothing
injurious
cycle. The threat of prescribing medication that is significantly marked
up, over effective generic counterparts in lieu of such a quid pro quo
exchange
injurious cycle. The threat of prescribing medication that
is significantly marked up, over effective generic
counterparts in lieu of such a quid pro quo exchange
