NATIONAL SEWING THREAD CO LIMITED CHIDAMBARAM THE REGISTRAR OF TRADE MARKS Vs. JAMES CHADWICK AND BROS LIMITED:JAMES CHADWICK AND BROS LIMITED

JUDGEMENT

(1.) This is an appeal on a certificate under S. 109(c), C. P. C. from the judgment of the High Court of Judicature at Bombay reversing the judgment of S. C. Shah J. in Civil Misc. No. 2 of 1950 and restoring the order of the Registrar of Trade Marks refusing to register the Appellants' trade mark.

(2.) The two questions that were canvassed before us and that fall for our determination are (1) whether the judgment of Shah J. was subject to appeal under Cl. 15 of the Letters Patent of the Bombay High Court and (2) whether Shah J. was right in interfering with the discretion exercised by the Registrar in refusing registration of the Appellants' mark.

(3.) The relevant facts shortly stated are these. The appellants are a limited liability company incorporated under the Indian Companies Act, 1913 having their registered office at Chidambaram, South Arcot District , in the Province of Madras and carrying on the business of manufacturing cotton sewing thread. The Respondents are also a limited liability company registered under the English Companies Act. They have their registered office at Eagley Mills, Bolton, (England) where they manufacture sewing thread. One of the trade marks used by them on such thread consists of the device of an Eagle with outspread wings known as "Eagle " Mark. This mark was first advertised in the Calcutta Exchange Gazette of 5-6-1896 . Since then sewing thread bearing this mark is being regularly imported into and sold in the Indian markets on an extensive scale.