( 1 ) THIS is an appeal from the judgment and order of P. B. Mukharji, J. (as his Lordship then was) dated May 24, 27 and 28, 1968 in an appeal under Section 109 of the Trade and Merchandise Marks Act 1958 (hereinafter referred to an the said Act ). By that judgment the order of the Registrar of Trade Marks dated March 26, 1968 rejecting the application for registration of a trade mark filed by the Imperial Tobacco Company of India Ltd. in Part A of the Register or alternatively in Part B of the Register, was affirmed. The trade mark for registration is a label, used as wrapper of packets of cigarettes bearing the device of snow clad hills in outline with the word 'simla' written prominently in various panels of the label with small inscription that the content is 'a product' of the applicant company. The application had been made for registration of the trade mark in class 34 in respect of manufactured tobacco. In course of hearing of this appeal, an application has been filed stating that the name of the appellant has since been changed to I. T. C. Ltd. under the provisions of the Companies Act, 1956 and accordingly name of the applicant has been amended to