( 1 ) THIS is an appeal from the decision and order of the Deputy Registrar of Trade Marks, Calcutta, dated October 23, 1962. The appellant is the Singer Manufacturing Company. The decision of the Deputy Registrar of Trade Marks is that designation of goods in Application No. 170032 for registration of a trademark consisting of a label containing the word 'sagar' in the form of Class 7 in respect of Sewing Machines and parts thereof be limited to 'sewing machines sold complete'.

( 2 ) ON July 11, 1955, Attorneys on the respondents made an application for registration of the Trade Mark Sagar is Class 7 in respect of Sewing Machines as appearing at page 1 of the Paper Book in the name of Vidya Sagar Trading as Paul Brothers, whose trade or business is 83, Lower Chitpur Road, Calcutta-7 by whom the said mark is used and who claims to be the proprietor thereof. The application was filed on July 19, 1955. On October 14, 1955 the Registrar of Trade Marks, Bombay, wrote to the said applicant's Attorneys that they should file an affidavit from the applicant as to the acquired distinctiveness in respect of the word 'sagar' which is surname as well as a personal name. On Marc