Judgment

SHELAT, J.:- These two appeals under certificate, are directed against the common judgment and order of the High Court of Punjab, dated February 25, 1965, passed in four Letters Patent appeals filed by the two appellants-companies and the respondent company against the judgment and order of a learned Single Judge of the High Court.

2. The said appeals were the outcome of two applications filed in the High Court under Section 111 of the Trade and Merchandise Marks Act, XLIII of 1958 (referred to hereinafter as the Act) for rectification of the register in respect of two registered Trade Marks, Nos. 161543 and 161544, registered on November 20, 1953 in respect of cycle bells manufactured by the respondent-company. Registered Trade Mark No. 161543 was the numeral 50 and Trade Mark No. 161544 was the figure Fifty .

3. The two appellants companies carry on business in Kapurthala in Punjab. One of them the National Bell Co. Ltd., claimed to be manufacturing bells with numerals 33 . 50 , 51 and 40 inscribed on them since 1957, and the other M/s. Gupta Industrial Corporation since 1947 with numerals, 20 , 50 and 60 inscribed on cycle bells manufactured by it. The two a