JUDGMENT - M.P. KENIA, J.:---Messrs National Chemicals and Colour Company and its two partners are the appellants in this appeal. Messrs Reckitt Colman of India Limited are the first respondents . Messrs National Chemicals and Colour Company carry on the business, inter alia, of manufacturing and selling colouring material and colours. Reckitt Colman of India are manufacturers and dealers in Ultra Marine Blue, Colours, etc.

2. Reckitt and Colman are proprietors of registered trade marks in respect of goods falling in classes 1, 2 and 3 of Schedule IV of the Trade and Merchandise Marks Rules, 1959. One of their registered trade marks consists of a picture of a bird sitting on a twig surrounded by a circle with lines in the background, somewhat like the rays of the sun. The trade mark has the words 'Robin Ultra Marine Blue' on it. Another registered trade mark of Reckitt Colman consists of a bird sitting on a twig.

TRADE MARK

Robin Blue

These trade marks have been registered as far back as 1940 and 1946. These trade marks distinguish the goods of the respondents from similar goods in the market. According to them a typical feature of their trade mark is a bird sitting on a twig.

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