LACHHMANDAS BIHARILAL Vs. BHAGWAN DASS

JUDGEMENT

(1.) This first appeal has been filed under sec- tion 109(6) of the Trade & Merchandize Marks Act, 43 of 1958 (hereinafter referred to as the Act). It is directed against the order of the Assistant Registrar, dated 25th April, 1970, by which he has refused the application of the appellants to remove the mark of the contesting respondents I to 3 (hereinafter referred to as the respondents), from the register of trade marks.

(2.) "The facts of the case are that the appellants filed an application under section 56 of the Act to rectify the register by removal of the entry No. 183344 of the impugned trade mark of the respondents. The allegations made by the appellants were that they were the registered proprietors of trade mark No. 141860 having the leading feature of the device of a train and the words "ROYAL FRONTIER MAIL SNUFF"

(3.) Feeling aggrieved, the appellants have assailed the said order in this appeal and their counsel, Mr. Anoop Singh, has contended: The Assistant Registrar below has erred in not relying on the affidavit of Jaswant Siagh; (2) He has erred in correctly appreciating and applying the rule of law laid down in Toofan Mail's case; (3) The respondents were not using the trade mark as registered, but the one which had been substantially altered and its use was contrary to B the imposed conditions; and (4) The impugned trade mark had not been registered with the bona fide intention to use and was, therefore, liable to removal. I have heard Mr. Anoop Singh in support of the appeal and Mr. N.K. Anand for the respondents at some length.