( 1 ) THIS appeal lias taken interminable time. Though preferred in 1962 it could not be heard (ill today cither for one reason or another.

( 2 ) THE dispute between the parties relates to the use of the word "dalda". Hindustan Levers Ltd. are the owners and the users of the trade mark DALDA in respect of hydrogenated vegetable product of Vanaspati since the year 1926.

( 3 ) THIS word DALDA was invented prior to 1926 by M/s N. V. H. Hargos Fabriken of Holland and was used as a trade mark for edible oils and fats. This Dutch firm assigned the mark to Hindustan Holland Vanaspati Trading Co. Ltd. by a deed of assignment in August, 1932. The Hindustan Holland Vanaspati Trading Co. in their turn assigned the mark to Hindustan Vanaspati Manufacturing Co. Ltd. by a deed dated 27th January, 1938. The present Hindustan Levers Ltd. are the successors of Hindustan Vanaspati Manufacturing Co. Ltd. They are the registered proprietors of the trade mark DALDA. This mark was registered in 1947.

( 4 ) ON 27th September, 1954 the appel lants Tarachand and Manohar Lal made an application for registration of a trade mark of class III in respect of their hair removing preparation called DAL