JUDGMENT - J.A. PATIL, J.:---This is an appeal under section 109 of the Trade and Merchandise Marks Act, 1958 (for short, the Act, 1958) challenging the order dated 27-3-1998 passed by the Assistant Registrar of Trade Marks allowing the application of the respondent No. 2 for registration of a trade mark of 'CROFEN' and rejecting the opposition filed by the petitioners. The relevant facts in brief are as under.

2. The petitioner No. 1 is a company incorporated and registered under the laws of England carrying on business inter alia of manufacturing and marketing medicinal and pharmaceutical preparations throughout the world. The petitioner No. 1 was the owner of the trade mark "BRUFEN" as on 25-7-1968, registered under No. 2506671 in Class 5 of Schedule IV of the Act, 1958. The petitioner No. 2 is a company incorporated and registered under laws of Germany also carrying on business inter alia of manufacturing and marketing pharmaceutical products. By a deed of assignment dated 9th August, 1995, the petitioner No. 1 has assigned some of its trade marks including the trade mark of "BRUFEN" to petitioner No. 2 and the said Deed of assignment has been filed with the Registrar of Trade M

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