BABOO LALL JAIN, J.

( 1 ) THIS is an application under Section 56 of the Trade and Merchandise Marks Act, 1958. The petitioner Banik Rubber Industries is seeking the cancellation of a trade mark which has been registered by the Registrar of Trade Marks, under Registration No. 377580 in Class 25 in the Trade Marks Register. The petitioner is also seeking the rectification of the register of trade marks by removal of the aforesaid entry, from the register of trade marks, in favour of the respondent No. 1, Sree K. B. Rubber Industries.

( 2 ) THE case of the petitioner inter alia is that the firm in the name of Eastern Rubber Works had got registration in respect of two trade marks. One was the trade mark bearing Registration No. 232909 dated 27th December, 1965 in Class 25 in the Trade Mark Register in the name of "ajanta Hawai" in respect of Chappals and soles and straps. The other trade mark is the trade mark bearing No. 242561 dated 7th June, 1967 in Class 25 in the Trade Mark Register under the name of "mugur Brand" in respect of chappals. There is no dispute that the petitioner, Banik Rubber Industries, is the present holder and/or assignee of the said trade marks, under the nam

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