Judgment

MADON, J. :- This Appeal has been filed pursuant to a certificate granted by the Calcutta High Court against its judgment and order dated December 16, 1969, in Appeal No. 165 of 1968. The certificate has been given by the High Court under sub-clauses (a) and (c) of clause (1) of Article 133 prior to the substitution of that clause by a new clause (1) by the Constitution (Thirtieth Amendment) Act, 1972. The grounds on which the certificate has been given are (i) that the value of the subject-matter in dispute in the court of the first instance and still in dispute on appeal was and is not less that Rs. 20,000 and that as the judgment in appeal was one of affirmance, the appeal involves a substantial question of law, and (ii) that the case was a fit one for appeal to the SC. The High Court observed :

"The appeal raises a question of great importance in Trade Marks Law, that is to say, whether a proprietor of a trade mark who intends to use it solely by a registered user is entitled to registration of his trade mark, under Sec. 18 of the Trade Marks Act, or to put it differently, do the words proposed to be used by him in Sec. 18 mean proposed to be used by the proprietor, his