( 1 ) ON April 28, 1960 the second respondent filed an application for registration, in Part A of the Register, of a trade mark consisting of a label containing the image of a Goddess seated on a Lon and the words "ma Durga Brand in class V. , "in respect of agricultural implements specially for chaffcutter blades". The application was thereafter advertised in the Trade Mark Journal. The application for registration was opposed by the appellant, and the opposition was based on the provisions in Sections 11 and 12 (I) of the Trade and Merchandise Marks Act, 1958, (hereinafter referred to as the Act ). The appellants in their opposition claimed that they were the prior users of a trade mark, which was duly registered, under the provisions of the Act being trade mark No. 12301 registered in Class VII in respect of, inter alia, "chaffcutter Blades and Knives". The substance of the appellant's contention in the opposition to the registration of "ma Durga Brand" with the device mentioned above, was that the mark proposed to be registered, resembled the registered trade mark of the appellant and such resemblance would lead to confusion and deception. This part of the oppo