( 1 ) THIS is an appeal against the order of the learned single Judge by which he accepted the opposition of the respondents to the registration of the trade-mark escorts in favour of the appellant which had been allowed by the Assistant Registrar.

( 2 ) THE respondent company was incorporated under the Companies Act as far back as 1944. It manufactures and sells various agricultural equipment, razor blades, tractors, washing machines, motor cycles, shock absorbers, thermometers and other medical appliances since 1951. In 1961 the respondents sought and obtained registration of its trade-mark of the word escorts in clause (9) and (II) of schedule 4 of the Rules framed under the Trade and Merchandise Marks Act 1958 (hereinafter to be called the Act ). This trade-mark relates to goods amongst others to electric irons, electric kettles, soldering irons and elements for electric irons and kettles.

( 3 ) OD 23. 3. 1963 the appellant sought registration of a trade-mark of the word escort under clause (9) in respect of electric irons, electric kettles, soldering irons and elements of electric irons and kettles. It is not disputed that these items are covered by the ea