JUDGMENT - (1) A short but rather an interesting question has been raised on this petition and the question is as to whether the word "Sulekha" which was registered as a trade mark by the Registrar of Trade Marks as far back as on 4th May 1953, in connection with fountain pens, nibs, etc, which were being manufactured by the petitioners means "good writing" so that it amounts to a description of the fountain pens and other materials manufactured by the petitioners, in which event, that word would not be registrable as a trade mark.

(2) It appears that the petitioners started the business of manufacturing fountain pens and other materials some time in 1951. They dealt in these fountain pens and other materials as "Sulekha" fountain pens and materials. On 8th January, 1952 the petitioners applied to the Registrar of Trade Marks for registration of the word "Sulekha" as a trade mark in connection with the fountain pens and other materials that they were manufacturing and dealing in. After the necessary enquiry under the Trade Marks Act by an order dated 4th May, 1953, the application made by the petitioners was granted and the word "Sulekha" was registered as a trade mark in connection

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