( 1 ) THIS first appeal under section 109 (6) of the Trade and Merchandise Marks Act, 43 of 1958, (hereinafter referred to as the Act ) has been filed by the appellants against the order of the Assistant Registrar, dated 26th August, 1970, by which he has ordered the removal of the trade mark of the appellants (No. 217016b) dated 7th August, 1963, on the grounds that it offends sections 11 and 18 of the Act.

( 2 ) THE material facts of the case are that the appellants, namely, Jugmug Electric and Radio Company claiming to be manufacturers of electric heaters, immersion heaters (electrical), hot plates for cooking, electric toasters, table lamps, heating apparatus and parts of the aforesaid goods, applied for registration of their trade mark "telerad", which was granted by the impugned mark mentioned above. The respondents, who are Telerad Private Limited had their own trade mark registered under No. 181813 and 195883 in respect of Radio and television as "telerad", opposed the registration of the mark, but failing to file the opposition in time, the respondents applied in October, 1964 for rectification of the register and removal of the impugned trade mark of the