JUDGMENT - S.N. VARIAVA, J.:---By this petition, the petitioners seek rectification of the Trade Mark Registry by having Trade Mark "Eagle and Device of Eagle" registered under No. 237136 in Class 21 expunged from the Records of the Register. In the alternative, it is also prayed that the above mentioned Mark be rectified by deleting from the specification of the goods "Glassware, Porcelainware and Earthenware", so that the registration is restricted only to "Thermally insulated containers for food, water and beverages included in Class 21".

2. The facts are as follows :

In 1954 one Shivji Co., which was a partnership firm of the present Directors of the 1st respondents entered into an Agreement with one Eagle Bottle Manufacturing Co. Pvt. Ltd., of Japan. Pursuant to this Agreement EBMC was incorporated in India. The shareholdings of that Company was owned 1/3rd by Shivji Co., 1/3rd by Sale Mohamed Padamsee (a partnership firm) and 1/3rd by Eagle Bottle Manufacturing Company.

It would appear that on 11th December 1954, an exhibition of pottery and glass was held. In that Sale Mohamed Padamsee Co., had displayed glassware and enamelware. This is shown by an advertisement in the

Click Here to Read the rest of this document