SABYASACHI MUKHARJI, J.

( 1 ) THIS is an appeal under the Trade and Merchandise Marks Act, 1958 from a decision by the learned Deputy Registrar. By the said decision the learned Deputy Registrar has refused the application of the appellant for grant of a trade mark. It appears that the appellant filed an application to register in Part A of the register a trade mark consisting of the word "formis" in Class 3 in respect of 'cosmetics'. The application was in due course advertised before acceptance under the proviso to Section 20 (1) of the Act in the appropriate journal. On 7th June, 1973, Colgate Palmolive Company of U. S. A. filed a notice of opposition to the registration. The said application thereafter came up for hearing before the learned Deputy Registrar. It was contended before the learned Deputy Registrar that the mark in respect of which the appellant was seeking registration was not adapted to distinguish within the meaning of Section 9 of the Act on the ground that the trade mark FORMIS was phonetically equivalent to the expression 'for MISS' and as such had a direct reference to the character and quality of the goods. The learned Deputy Registrar has rejected this opp

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