( 1 ) THE present appeal is directed against the order dated 7. 11. 1997 passed by the Assistant Registrar of Trade Marks, New Delhi dismissing the opposition filed by the petitioner herein and accepting the application for registration in class 24 with the condition that the respondents 1 to 3 would agree to the disclaimer of the word dhariwal appearing in the mark applied for.

( 2 ) ON 15. 3. 1990 the respondents 1 to 3 trading as M/s. Dhariwal Woollen Textile Mills applied for registration of trade mark dwm-DHAWAL vide application No. 526317m respect of blankets, shawls, lohis and other woollen piece goods included in class 24. The respondents claimed the user of the said mark applied for since 15. 9. 1987. The aforesaid application was ordered to be advertised before acceptance and was accordingly advertised in the trade mark journal on 1. 8. 1994. On publication of the advertisement the petitioner gave notice of its intention to oppose the registration of the trade mark advertised on the ground of it being violative of the Trade and Merchandise Marks Act, 1958 (hereinafter called the Act ). The respondents contested the aforesaid notice of opposition by fil