( 1 ) THIS case relates to SUPERFLAME. What would be required to be determined in this case, is whether any proprietary rights can, or have been acquired in the word/name SUPERFLAME.

( 2 ) A "trade Mark " is defined in S. 2 (v) of the Trade and Merchandise Marks Act, 1958 thus (v) "trade mark" means

" (I) in relation to Chap X (other than S. 81), a registered trade mark or mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use the mark; and (ii) in relation to the other provisions of this Act, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark registered as such under the provisions of Chap. VIII;"a mark is also defined in the Act in S. 2 (j) which reads as under :

" (J) "mark" includes a device, brand, heading, table, ticket