- (1.) THIS appeal is directed against an order of P. B. Mukharji, J. made in an appeal under Section 109 of the Trade and Merchandise marks Act 1958 reversing an order by which the Registrar of Trade Marks refused an application by the respondents for removal of the appellants' trade mark Dristan from the Register.
(2.) THE appeal raises a question of great importance in trade mark law, that is to say, whether a proprietor of a trade mark who intends to use to solely by a registered user is entitled to registration of his trade mark.
(3.) THE registered proprietors who are the appellants before us are the American Home Product Corporation, a corporation incorporated in the United States. The corporation leading manufacturer of drugs engaged in trade all the world over. In 1956 Dristan was adopted by the appellants as a trade mark under which they introduced an anti-hystamin drug in the American market. In 1957 it was registered as a distinctive trade mark in the United States Trade Mark Register. It was subsequently registered in forty other countries. The appellants decided to introduce the drug Dristan in India. They have registered a number of other trade marks in India in respect of their drugs and are using those trade marks marks by a registered user, Geoffrey Manners and Co. , an Indian company in which they have a substantial though not a controlling interest. In fact, the appellants hold 40 per cent of the shares in the Indian company.;