K R CHINNIKRISHNA CHETTY Vs. K VENKATESA MUDALIAR

JUDGEMENT

(1.) THE above appeal arises out of application No. 212575 in cl. 34 made by the appellant for registration of "radha's Sri Andal" snuff manufactured by them. The said trade mark was advertised in Trade Marks Journal dated 1-9-1963 and the first respondent, who is trading under the name and style of 'sri Ambal snuff"

(2.) THE applicant filed a reply and contended that the mark propounded for registration in the above application is entitled to be registered and that the opposition is unsustainable in law.

(3.) THE application for registration was heard by the Assistant Registrar of the trade Marks, Madras. The Registrar before dealing with the claim referred to certain previous proceedings between the parties relating to the applicant's previous application No. 183961 for registration of a label mark in class 34 in respect of a designation of goods which was worded "snuff" Manufactured in madras. The essential feature of that label was a picture of goddess Andal and the legend 'sri Andal'. The present respondents opposed the registration of that mark on the ground that the legend appearing on the mark was deceptively similar to the legend "sri Ambal" appearing on their registered marks (opposition No. Mas 40 ). The Assistant Registrar on the first occasion dismissed the application holding that there was no deceptive similarity between the opponent's and the applicant's marks.