( 1 ) THIS appeal under Section 109 (2) of the trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act ) has been filed against the order of the Assistant Registrar of Trade Marks, New delhi dated 11/12/1995. The relevant,portion of which reads as under:- proceedings having been taken under Section 21 of the Trade arid merchandise Marks Act, 1958 by the abovenamed Opponents to oppose the registration of the trade mark applied for by the abovenamed Applicants and by reason of operation of cub-section (2) of Section 21 of the Trade and merchandise Marks Act, 1958 the abovenoted application is deemed to have been abandoned.

( 2 ) THE facts and circumstances leading to the said order are that on 11/08/1988 the appellant a partership firm filed an application bearing No. 495853 in Class 9 in respect of Electric wires and cables for the registration of trade mark "seiko" word per se Under the Act. The said application was accepted and advertised by the Trade marks Registry, Bombay in Trade Marks Journal dated 1/05/1994. Respondent No. 1 lodged a notice of opposition Under Section 21 (2) of the Act, to the registrar of the Trade Marks for the said application