( 1 ) THE petitioner on 16th April, 1968 filed an application being Application No. 248584 with the Registrar of Trade Marks to register in Part A of the Register, a trade mark consisting of the word "yera" in Class 3 in respect of perfumery, cosmetics and non-medicated toilet preparation. The application was duly advertised in the Trade Mark Journal No. 466 dated 1st November, 1968. The respondent -M/s. Alembic Glass Industries Limited who held registration in respect of the same trade trade mark "yera" in respect of various goods falling Class 9, 10, 11, 14, 17, 19, 20 and 21 objected to the registration of the aforesaidtrade mark on 26th February, 1969 under Section 9, ll (a), ll (e), 12 (1) and 18 (1) of the Trade and Merchandise Act, 1958 (hereinafter referred to as the Act ). By order dated 8th June 1973, Assistant Registrar of Trade Marks, New Delhi rejected the application of the petitioner for registration on the ground that the trade mark applied for, if allowed to be registered in Class 3 as prayed by the petitioner was liable to deceive or cause confusion and also that the petitioner not being the proprietor of the said trade mark was not entitled t