( 1 ) THIS appeal under Section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter called the "act)" is directed against the order of the Assistant Registrar for Trade Marks, New Delhi, by which he dismissed the application of Messrs Lakhpat Rai Sampat Rai Sadh (herein called the "appsllants") under Section 56 (2) of the Act for rectification of the register in respect of entry relating to the registered trade mark No. 186774 in class 5. registered in respect of "banslochan", an ayarvedic medicine, in the name of Dhanpat Rai Goel (herein called the "respondent * ). Rectification was sought wither by expunging the entry relating to the registered trade mark No. 186774 registerad as of September 5, 1958, or by varying it by deleting the device of "bamboo grove" and word "banslochan" appearing in the mark.

( 2 ). According to the facts, as found by ihe Assistant Registrar of Trade Marks and about which there is no dispute, the appellants claim to have been manufacturing and selling for more than 75 years an ayurvedic tonic for health named "banslochan" prepared from the extract of a particular kind of bomboo. They are the proprietors of registered trade Mar