MYRURGIA SOCIETE ANONYME Vs. V R SUBRAMANYAM

JUDGEMENT

(1.) This is an appeal from the order and decision of the Deputy Registrar of Trade Marks made on the 5th May, 1954, refusing to register the applicant's mark, "Maja", on the objection of the opponent's who claimed the mark "Raja".

(2.) In the application for registration, the applicant applied for registering the trade mark, "Maja", in class 3 of the goods. It was an application to register the word "Maja", simpliciter without any design associated with it. The opposition stated the grounds where it was not alleged that the applicant had not used the word "Maja", without any associated design.

(3.) The parties adduced evidence before the Registrar on affidavits, on the basis of these allegations in the application, opposition and counter-statements.