( 1 ) THIS appeal is from the decision of the Deputy Registrar of Trade Marks, Calcutta, and raises primarily the question of construction of Section 6 of the Trade Marks Act, 1940.

( 2 ) ON 22nd October, 1945 the appellant, a British Company carrying on the business of Manufacturing Chemists, applied before the Registrar of Trade Marks, Calcutta, for registration of a trade mark consisting of the words "karsote Vapour Rub" represented in special type and the words "protective comforting. Germ Killing" in smaller type, inside a black rectangular border, for a chemical product specified as a vaporising ointment. This Mark was advertised as accepted in the Trade Marks Journal of January 1949.

( 3 ) ON 2nd May, 1947 the respondent, an American Company, also applied before the Registrar of Trade Marks, Calcutta, for registration of a trade mark consisting of the word "vapo Rub" for goods specified as "pharmaceutical preparations". This mark was however advertised as accepted a month earlier in the Trade Marks Journal of December, 1948.

( 4 ) AS a result of these advertisements the appellant and the respondent filed their oppositions against each other's application for reg