Ruma Pal, J. - (1.) This is an appeal from an order and decision of the Deputy Registrar of Trade Marks, Calcutta dismissing the appellant's opposition to the respondent No. 1's application for registration of a trade mark.
(2.) The facts relating to the case are briefly as follows :
(3.) The appellant applied for registration of the word mark 'WINNER' on 27th June, 1980 (referred to as the first application). Two years later the respondent No. 1 applied for registration of the mark 'WINEX' being application No. 386593. A few days after that the appellant filed an application for registration of the trade mark label 'WINNER' (referred to as the second application). All three applications related to class 34.;