ORDER :- This is an appeal under Section 109(2) of the Trade and Merchandise Marks Act, 1958 from the decision of the Assistant Registrar of Trade Marks under Section 18(4) of that Act refusing to register the Petitioners' trade mark on the ground that the same conflicts with registered trade mark No.213586-B as also with the mark in application No.253773-B with both of which the Petitioners' mark was held by him to be "deceptively similar". The Petitioners had originally applied to the Trade Marks Registry for the registration of his mark in Part A of the Register in Class 7 in respect of diesel oil engines, but subsequently the same was converted by the Petitioners into one for registration in Part B and the designation of the goods was modified so as to read "Diesel Oil Engines" (not for land vehicles) for sale in the State of Gujarat." The Assistant Registrar, after hearing counsel on behalf of the Petitioners, declined to accept the application and dismissed the same under Section 18(4) of the Act. In the grounds which were furnished by the Assistant Registrar for arriving at the said decision, it was stated that neither visually nor phonetically was the Petitioners mark simil

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