Prabir Kumar Majumdar, J. - (1.) This appeal is from the order of the Registrar of Trade Mark dated 22nd February, 1985 whereby the Registrar allowed the application of the respondent M/s. Joseph E. Seagram & Sons Inc. for registration of trade mark under its application No. 286662.
(2.) On 14th March, 1973 the respondent Joseph E.Seargram & Sons Inc. 375, Park, Avenue, City and State of New York, U.S.A.filed an application being 286662 dated 14th March, 1973 for registration of a trade mark label consisting of the word "ANTIQUE" and device in class 38 in respect of the wines, spirits (Beverages) and Liquors. The application was duly advertised in the Trade Mark Journal No. 635 dated 16th November, 1975.
(3.) A notice of opposition to the aforesaid application of the respondent was filed by the appellant J. & W. Hardie Ltd. (a Scotish Company 27, the Loan, South Queensfery, West Lothian, Scotland.;