(1.) This appeal is from the decision of the Deputy Registrar of Trade Marks, Calcutta, and raises primarily the question of construction of Section 6 of the Trade Marks Act, 1940.
(2.) On 22nd October, 1945 the appellant, a British Company carrying on the business of Manufacturing Chemists, applied before the Registrar of Trade Marks, Calcutta, for registration of a trade mark consisting of the words "Karsote Vapour Rub" represented in special type and the words "Protective comforting. Germ Killing" in smaller type, inside a black rectangular border, for a chemical product specified as a vaporising ointment. This Mark was advertised as accepted in the Trade Marks Journal of January 1949.
(3.) On 2nd May, 1947 the respondent, an American Company, also applied before the Registrar of Trade Marks, Calcutta, for registration of a trade mark consisting of the word "Vapo Rub" for goods specified as "Pharmaceutical preparations". This mark was however advertised as accepted a month earlier in the Trade Marks Journal of December, 1948.