P.B.Mukharji, J. - (1.) This is an appeal under Section 109(2) of the Trade and Merchandise Marks Act, 1958 from the decision of the Deputy Registrar of Trade Marks dated the 22nd June, 1966, allowing the application for rectification made by the respondent and expunging the appellant's trade mark No. 93017 in the Trade Marks Register.
(2.) The appellant is a Swedish Match Company of the name of Aktiebolaget Jonkoping Vulcan having its office in Sweden. The respondents are Gnanam Match Works of Sivakasi, Madras along with the Registrar and Deputy Registrar of Trade Marks. For the sake of brevity I shall call the appellant as 'the Swedish Match Company' and the other respondent as 'the Madras Match Company.'
(3.) The dispute is with regard to the use of a trade mark in respect of matches and match boxes. The impugned registration is that of the Swedish Match Co. It is a label containing the device oi three stars in a row with the words "Three Stars" on the top of the device of three stars. The registration, was dated 24th February 1944 and has since been renewed. The mark of the Madras Match Company is also a "Three stars" label which has been in actual use since 1951 in respect of safety matches.;