Das, J. - (1.) This appeal came up for hearing, before my Lords the Chief Justice and S.R. Das Gupta J. The learned Judges differed on certain points. In accordance with Clause 36, Letters Patent, the learned Judges stated the points on which they have differed. The points are the following: 1. Whether the word "Rasoi", if and when used as a trade mark for the hydrogenated ground-nut oil manufactured by the appellant company, has a direct reference to the character or quality of the goods, within the meaning of Section 6(1)(d), Trade Marks Act, 1940 and is, as such, outside the ambit of that clause?
(2.) If the answer to the first question be in the negative, that is to say, if the true view be that the word "Rasoi", when used as a trade mark for the appellant's oil, cannot be said to have such direct reference, must the mark be still proved to be distinctive in order to be eligible for registration, or should it be taken to be regarded as prima facie distinctive by the Act itself?
(3.) Whether, even if the word "Rasoi", when used as a trade mark for the appellant's oil, can be said to have no direct reference to the character or the quality of the goods and even if its distinctiveless were to be taken as established, must the word be held to be still ineligible for registration, in view of the fact that it is a common word of the language of which no monopoly should be granted to any particular trader? 2. By a determination made by the learned Chief Justice on 4-2-1954 the case has been placed before me. 3. I shall now proceed to deal with the above points in the order stated above.;