P. B. MUKHARJI, J.

( 1 ) THIS is a trade mark appeal under Section 76 of the Trade Marks Act, 1940, from the decision of Sri Nagaraja Sastri, Deputy Registrar, Trade Marks. It relates to the well-known Durex contraceptives.

( 2 ) THE appellants are the London Rubber Company Limited who opposed the application of "durex Products (Inc.) for registration of the Trade Mark "durex" in Class X. Durex Products (Inc.) are one of the respondents in this appeal. The other respondent is the Registrar of Trade Marks.

( 3 ) THIS Court in this appeal did not have the advantage of the appearance of any one of these two respondents. This disadvantage has, however, to a considerable extent been offset by a sensible, comprehensive and well-reasoned judgment of the Deputy Registrar of Trade Marks.

( 4 ) THE dispute relates to the mark "durex" applied to contraceptives. The material portion of the decision from which this appeal is preferred is set out below ;"having considered al! the above aspects, I think, as the marks are admittedly identical, an imposition of the condition that the Applicant's use of the name "durex Products Inc. ", on the packings and containers of the goods, will safeguard

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