Y. K. Sabharwal J.

( 1 ) THE respondents were the applicants before the Assistant Registrar of Trade Marks, Delhi. They were trading under the name and style of New Era Electric Wares. On 14th April, 1967 the respondents made an application for registration in part a of the Register a Trade Mark consisting the word "escort", in Clause 9, in respect of electric wires and cables . The said application was advertised in the Trade Marks Journal and opposition was filed by the appellants, M/s. Escorts Ltd. (for short escorts ).

( 2 ) IN the opposition the Escorts pleaded that it was incorporated under the Indian Companies Act in the year 1944. They are a large manufacturing concern and are manufacturing various types of machinery and electrical goods. They pleaded that they are the registered proprietors of the trade mark escorts in various classes for various types of goods manufactured by them, the details of which were given in para 2 of the notice of opposition. It was claimed that they bad been manufacturing some of those goods since 1951. The trade mark escorts under No. 202188 was registered on 1st May 1961 under clause 9 for electric flat irons and electric kettles and

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