JUDGMENT - 1. Plaza Chemical Industries, the petitioners, have filed this Petition by way of an appeal against an order passed by the Joint Registrar of Trade Marks rejecting their application for rectification. As from April 16, 1943 a trade mark consisting of a label containing a device of a head of a woman, snow clad mountains and the word "TIBET" was registered in the name of the respondents. Kohinoor Chemical Company Ltd, in respect of facial cream. Upon partition of India the respondents migrated to Pakistan. It is the case of the petitioners that since 1962 they started manufacturing and marketing a facial cream under a label containing the words "TIBET SNOW". On March 6, 1964 the Petitioners filed an application in the office of the Trade Marks Registry at Delhi for registration of the said label as a trade mark. That application was refused stating that the respondents were Registered Proprietors of a trade mark containing the word "TIBET SNOW". On March 4, 1966 the Petitioners made an application in the office of the Trade Marks Registry at Bombay for removal of the Registered Trade-Mark in the name of the Respondents. In support of this application they alleged that the

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