( 1 ) M/s Bindal Toys has assailed the order dated 22nd February, 1994 passed by the Deputy Registrar, Trade Marks, Delhi (hereinafter called the Registrar ). The order has been assailed primarily on the ground that the Registrar while disposing the opposition application of the appellant, ignored the fact that the appellant had been using the said mark since 1st April, 1975. The said mark became distinctive and associated with the goods of the appellant. Now if the respondent is permitted to adopt the impugned trade mark, the common purchaser will be deceived and get confused. The device of globe in both the marks is-identical resides the letters BTM and GTM will create confusion. Moreover, the get-up, make- up and lettering style of the appellant s trade mark and the proposed by respondent have been ignored by the Registrar, hence the appeal.

( 2 ) IN order to appreciate the contentions raised, the brief facts essential for the determination of the same are that the appellant lodged an opposition to the application filed by the respondent in Class 28 in respect of the specific toys alleged to be manufactured by the respondent. On the application being moved by the respo