Per Anoop V. Mohta, J.

. The present appeal filed by the appellants (Original Petitioners) against the judgment and order dated 5th July, 2002 passed in Miscellaneous Petition No. 42 of 1995, whereby, an order dated 19 December, 1994 of the Assistant Registrar of Trade Marks, by which the respondents have been permitted to register the trade mark "MAGNUM" in class 34 in respect of Cigarettes, bidis, safety matches, cigars, smokers and other articles as contemplated, on the application filed by the respondents under the Trade and Merchandise Marks Act, 1958 (for short, "the 1958 Act"), has been maintained and the Miscellaneous Petition filed by the Appellants was dismissed.

2. The relevant dates and events are as under.:-

3. The appellants are manufactures inter-alia of Tobacco and or Tobacco products including cigarettes.

4. On 23/12/1987, respondent No.1 filed an application for registration of Trade Mark "MAGNUM" which was proposed to be used in respect of cigarettes, bidies etc. as contemplated in clause 34 of the schedule to the Trade Mark rules.

5. On 01/03/1992, the application of respondent No.1 was advertised in Trade