P. B. MUKHARJI, J.

( 1 ) THIS is an appeal under Section 109 of the Trade and Merchandise Marks Act, 1958 from the decision of the Deputy Registrar of Trade Marks dated the 7th November, 1964, dismissing the appellant's opposition to the respondent Pannalal Agarwal's application for registration. The other respondent in this appeal is the Registrar of Trade Marks.

( 2 ) BEFORE stating the facts giving rise to the points for decision in this appeal it will be worth drawing attention to the present situation in respect of registration of Trade Marks and the delay that has occurred in this case. The application for registration was made as early as the 18th April, 1960. This appeal in this Court is being heard eight years after that application was made. About two years passed from the date of the application for registration for advertisement to issue; such advertisement issued on the 1st January. 1962. Again another two years elapsed before the matter was heard before the Deputy Registrar on the 6/7th October, 1964. This period of two years was too long for affidavits. The period that elapsed for advertisement was also too long. The appeal from the decision of the Deputy Registrar

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