Judgment - Chagla, C.J.

1. This is a trade mark appeal and it came to be filed under the following circumstances. The appellants, who are a Swiss company, applied to the Registrar of Trade Marks on the 2nd July 1942 for registration of their trade marks Ciba, Ciba (monogram), Cibalgin, Ciba-zol and Cibalbumin. These marks are used in connection with pharmaceutical preparations. The mark Ciba was registered on 24-8-1946, the mark Ciba (monogram) was registered on 27-10-1944, the mark Cibalgin was registered on 16-3-1944, the mark Cibazol was registered on 27-7-1944 and the mark Cibalbumin was registered on 16-3-1944. On the 22nd December 1943 an application was made by the respondents for registration of a label which contained the word Cibol. This application was No. 90423. On the 2nd February 1945 they made two other applications Nos. 105450 and 105451 for registration of design and colour of the same name. The Cibol label was advertised on the 1st November 1947. This trade mark was amended so as to be only the word Cibol and the amended trade mark was advertised on the 1st January 1949. On the 3rd November 1949 Cibol was registered by the Registrar of Trade Marks. On the 16th Marc

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