- (1.) This is an application made by Messrs. Banwari Lal Sham Lal for rectification and correction of the Register under section 46 of the Trade Marks Act of 1940.
(2.) Messrs Amin Chand & Sons, respondent No. 2, are manufacturers of chaff cutting machines and have been manufacturing these machines for a long period of time. They plead that they have been using the mark "Landra" since 1918 and it was registered as their property in the year 1935 and it was thus entitled to special protection under proviso to section 6 of the Trade Marks Act. According to Exhibit R.1, which is dated the 25th day of October, 1953, a declaration was made by Probodh Kumar Das Gupta, a Pleader, for and on behalf of Amin Chand & Sons of Landra in regard to the ownership of the trade marks inter alia "Landra Shai" which is at No. (5). There it was said that these were his special marks put on chaff cutting machines and other machinery which he had been using on those machines, boxes, tins etc., throughout the whole of India and abroad from the 1st of September, 1935, and he claimed to be the owner and sole proprietor of the said trade marks and names. This Exhibit R.1, is a copy taken from the Calcutta Registry Office.
(3.) On the 18th September, 1946 Amin Chand & Sons of village Landra made an application to the Registrar of Trade Marks for the registration of their mark "Landra" in respect of agricultural implements of the larger kind. Opposition was filed by Balmukand on behalf of Dina Nath Balmukand, in which it was stated that the opponent had been using the trade mark "Landra Special" in respect of chaff cutting machines for the past-twenty-four years and it had become distinctive of the goods manufactured and sold by them and that it was associated in the mind of the public with the opponent and their chaff cutters and had come to cannote and denote their products, that the mark "Landra" was calculated to deceive or enable the applicant's goods to be mistaken for the goods of the opponent.;