( 1 )

( 2 ) THIS appeal is directed against an order dated 7th October, 1999 passed by the Assistant Registrar of Trade Marks dismissing Opposition No. DEL 8597 of the appellant-M/s. Biochem Pharmaceutical Industries and allowing the registration of the trade mark BICILLIN in Class 5.

( 3 ) THE trade mark of the appellant is biocilin while the trade mark of the respondent is bicillin . There is no dispute in between the parties about one aspect that biociiin as well as bicillin both have been used in respect of two drug components, namely, means two, Cell in standing a mixture of AMPICILLIN and CLOXACILLIN. In so far as biocilin is concerned, the appellants have acquired a reputation in the trade in respect of their trade mark.

( 4 ) THE case of the respondent was and is that bicillin is a composite word by using bi , meaning two and Cell in stands for a mixture of AMPICILLIN and cloxacillin.

( 5 ) TAKING the cases of both the parties at their face value, the question is whether it is likely to cause confusion or deception to the purchasers when they go to market to purchase biocilin and instead get bicillin . It is also required to be seen: "whether regi