( 1 ) THIS is an appeal under Section 109 (2) of Trade and Merchandise Marks Act, 1958 feeling aggrieved by order dated 22nd August, 1979 passed by the Assistant Registrar of Trade Marks, Delhi rejecting the petitioners application for registration of a trade mark in terms of Section 18 (4) of the Act.

( 2 ) ON 5th December, 1974, the petitioners filed an application to register a trade mark consisting of words neelam SOAP in Class 3 in respect of washing soaps. The mark was subsequently confined to the word NEELAM. The application was objected to by the Registry on the ground that the mark applied for was laudatory of the goods and therefore it did not qualify for registration under Section 9 of the Act. The petitioner submitted and produced expert evidence in support of his submission that NEELAM means a precious stone and it has no reference to blue colour The petitioner had sought for registration in Part-A of the Register but at the hearing before Registrar it was submitted that the application could be considered for registration in Part-B. The Registrar has held that the meaning of the word NEELAM is blue in Tamil language. Washing soap can be blue in co