( 1 ) THIS is a Trade Mark Appeal under Section 109 of the Trade and Merchandise Marks Act, 1958. The appellant is Mac Laboratories Private Ltd. , a company with limited liability and incorporated under the Indian Companies Act and having its office at Great Social Building 60, Sir Pherozeshah Mehta, Road, Bombay. The respondents are the American Home Products Corporation, a corporation incorporated in the United States of America having its office at 22, East 40th Street New York, United States of America and the Registrar of Trade Marks having his office in Calcutta.

( 2 ) THE appeal arises out of the appellant's application made to the Registrar for removal of the trade mark 'dristan' registered under No, 186511 in Class 5 from the register of trade marks. This mark 'dristan' belongs to the American Company mentioned above. The application of the appellant before the Registrar was made under Section 56 of the Trade and Merchandise Marks Act, 1958.

( 3 ) THE grounds on which the appellant made this application for removal of the trade mark 'dristan' may be brieily stated. In the first place, the appellant's contention is that the trade mark 'dristan' was reg