( 1 ) APPELLANTS are aggrieved against judgment dated 19th October, 1984 passed by learned Single Judge in CO. 2/83. This appeal is directed against the aforesaid judgment. CO. 2/83 was filed by the appellants under Section 107 read with Sections 46 and 56 of Trade and Merchandise Act, 1958 (hereinafter REFERRED TO to as the Act, for short ). In that petition appellants had prayed that Trade Mark No. 324345 under which respondents had got registered a trade mark in respect of mathematical instruments and water colour boxes (which are goods falling in class 16) should be removed and/or expunged from the register of trade mark and that in any case the following goods should be specifically expunged from the registration, namely, "compass, dividers, set square, Dee, protractor and foot rule". Learned. Single Judge did not agree with the petitioners/appellants and dismissed the aforesaid CO. 2/83 filed by the petitioners. Before we deal with the merits of these appeals it would be appropriate to hurriedly scan through the relevant facts in FAO (OS) No. 6 of 1985.

( 2 ) THE appellants are carrying on business as manufacturers of pencils and other stationary articles since t