JUDGMENT F.I. REBELLO, J.:---By the present petition, the petitioners impugn the order of the second respondent dated 5-8-1992. By the said order, the second respondent has rejected the notice of opposition filed by the petitioners opposing registration of the trade mark “ACTICEPH” as applied for by the respondent in Class 5 in respect of Medicinal Pharmaceutical preparations included in Class 5. The mark on the date of the application was proposed to be used.

Few dates and events may be set out for the purpose of effectively deciding the issues that arise in this petition. On 12-4-1961 M/s. Welcome Foundation Ltd. filed an application for registration of trade mark “ACTIFED” for restricted specification of goods: A medicinal preparation for the treatment of allergies, common cold and confession of the respiratory track. On 16-4-1961 the trade mark “ACTIFED' was advertised in the Trade Marks Journal No. 283 dated 16-4-1961 at page 2833, as proposed to be used. It was granted registration. The petitioner's are the subsequent registered proprietors on assignment of the mark in their favour and notified in Journal No. 723. The mark is renewed and subsisting. On 26-11-1986, responden

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