( 1 ) THIS is an appeal filed under Section 109 (5) of the Trade and Merchandise Marks Act, 1958 (hereinafter called the said Act ). Wherein the appellant has challenged the correctness of the Order of a Single Judge of this Court dated November 4, 1991 who in turn has upheld the decision of the Deputy Registrar of the Trade Marks withdrawing the acceptance of the Application which has been filed by the appellant.

( 2 ) BRIEFLY stated the facts are that on April 19, 1982 the appellant filed before the Registrar of Trade Marks an application for registration of his mark. The application was in respect of electric switchgears and other electrical goods. The application was filed for registration under Class 11 of the 4th Schedule to the Trade and Merchandise Marks Rules, 1959 (hereinafter called as the Rules ). In the application the user was claimed of the mark max STANDARD w. e. f. January 1, 1982.

( 3 ) IT appears that after the scrutiny has been conducted in accordance with provisions of Rule 38 of the said Rules the said application was accepted. Thereafter on January 24, 1986 the appellant has filed an application seeking amendment of the earlier application d