( 1 ) THIS appeal is against the order of the Deputy Registrar of Trade Marks refusing an application by the appellant, Bengal Immunity Co. Ltd. , for registration or the word "b. I. Phlogiston" in white on a dark background with the name of the appellant, Bengal Immunity Company Ltd. , and its address Calcutta below the same as the trade mark for certain medicinal preparation. As originally made the application was for registration only of the word "b. I. Phlogiston". The Registrar pointed out the objection to registration of this word "b. I. Phlogiston" as the word "b. I. " prefixed to "phlogiston" would indicate the presence of double the chemical element "phlogiston" and would be likely to cause a confusion. Though at first unwilling to make any modification, the applicant ultimately amended his application by putting full stops after 'b' and 'i' and removing the hyphen before 'p' so that the word as it now stands in the application is, as already indicated, "b. I. Phlogiston". To this has been added the same of the applicant company and its address. Mention must also be made of the fact that on being asked whether the applicants were claiming the right to the