HIRALAL PARBHUDAS Vs. GANESH TRADING COMPANY

JUDGEMENT

(1.) This is an appeal from the Judgment and Order of the learned single Judge dismissing the appellants petition for setting aside the order passed by the Deputy registrar of Trade Marks rejecting the appellants' application for rectification of the register.

(2.) The appellants are bidi manufacturers and were the proprietors of four label marks registered in Part A in the Trade Marks Register in April 1943, May 1950, August 1950, and September 1956. For the moment, broadly stated, the appelldants labels comprise of the bust of a man and the name Hiralal in Devanagri script over the bust.

(3.) Respondents 1 and 2 (referred to hereafter as "the resopondents") who carry on like business, applied on 7th January, 1970 for registration of their label which for the moment, broadly stated, comprises of the bust of a man and the name Himatlal in Devnagri script over the bust. The application was signed by the 1st respondent's partner Vallabhdas Laljibhai Patel. The respondents label was refistered relating back to 29th January, 1970 in class A restricted to Gujarat territory. On 7th October, 1970 the respondents applied for amendment of their registration application, to wit, that on their label the name "Himatlal" should be read as "Vallabhdas alias Himatlal". On 11th January, 1973 the appellants aplied for rectification of the register on the ground that the respondents' label was deceptively similar to the appellants' registered trade mark. That application was rejected by the Deputy register of Trade Marks. The appellants' petition in this Court for setting aside the Deputy registrar's order was also dismissed by the learned single Judge on the Ground that the labels are not deceptively similar with no probability of causing confusion. Hence the present appeal.