JUDGMENT - M.L. PENDSE, J.:---This is an appeal preferred under sub-section (2) of section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act') to challenge the legality of the order dated August 30, 1976 passed by the Assistant Registrar of Trade Marks granting the application of the respondents of registration of a trade mark consisting of a rectangular label with the word "SONY" appearing in the upper portion of the rectangle, letter "M" in a small circle in the middle portion of the rectangle and a device of a flower basket just above the rectangle in respect of 'Nail Polish' in Class 3.

2. The respondents filed Application No. 257701-B under section (1) of section 18 of the Act for registration of the mark on June 27, 1969 in part 'A' of the Register. The petitioners filed their objection to the registration of the mark on the ground that the word "SONY" constituting the leading feature of the mark submitted for registration being phonetically equivalent to a common surname "SONI" and is not adapted to distinguish and is not registerable in Part 'A' of the Register, except on evidence of distinctiveness as requited under sub-section (2) of sec

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