Mody, J.

1. This appeal concerns a dispute over a Trade Mark. The Trade Mark is the word ""Caltex"" per Se.

2. One Parmanand Teckchand Lalwani, carrying on business under the name and style of Lalwani Brothers, filed an application for registration of the said Trade Mark in respect of Class 14, but confined to ""Horological and other Chronometric instruments and parts there-of"" included in Class 14. In the application, the applicant claimed to be proprietor of the mark on the ground that the mark bad been used since ""one and a half year."" On the 11th September 1958, Caltex (India) Limited filed their opposition in the matter of the said application. The Opponents contended that they were proprietors of the said mark in Class 4 and Class 19; that they had used that mark in India in respect of their goods since the year 1937; that they had carried on wide publicity; and that, therefore, the applicants proposed trade mark being identical with their own was likely to deceive or cause confusion in the trade. The opponents further contended that in any event the registration should be refused in the exercise of the discretion available in law whether the mark should be refused