´Peterscot´ In Trademark Fray

The case, Khoday Distilleries Limited v. Scotch Whisky Association & Ors 2008 (36) PTC 315 (Mad.) (DB), is the result of an appeal filed under Sec. 109 of the Trade and Merchandise Marks Act, 1958 against the order of the learned Single Judge in T.M.A No.3 of 1989; and also the order passed by the learned deputy Registrar of Trade Marks allowing the Rectification application No. MAS-300 which directed the removal of the Registered Trade Mark No. 273203 of the appellant consisting of the words PETERSCOT', which was registered with effect from 3^rd July 1971, from the Register. The rectification application was filed on the primary ground that the impugned registration contravenes Sec. 11 as the trade mark contains the word SCOT' which is likely to deceive as the word SCOT' indicates Scottish origin of liquour.