( 1 ) BY this judgment/order I shall dispose of the appeal filed by the petitioner under Section 109 (2) of the Trade and Merchandise Marks Act as against the order dated 30. 12. 1997 passed by the Assistant Registrar of Trade Marks. By the aforesaid order the Assistant Registrar of Trade Marks dismissed the opposition filed by the petitioner herein and accepted the application of the respondent for registration.

( 2 ) ON 22. 6. 1979, Shri Pramod Kumar Garg trading as M/s. Prakash Agricultural Industries (India), Agra, U. P. filed an application before the Trade Mark Registry seeking for registration of the trade mark swaraj (word per se) in respect of Diesel Oil Engines (not for land vehicles), hand water pumps and parts thereof included in Clause 7 for sale in the States of Uttar Pradesh, Madhya Pradesh, Rajasthan, Bihar and Haryana. In the said application the respondent claimed die user of the mark applied for since 1. 6. 1975. The said application was ordered to be advertised as accepted and was accordingly advertised in trade mark journal dated 16. 3. 1984. Subsequent thereto the petitioner herein gave notice of its intention to oppose the registration of the ma