( 1 ) SHRI Bakhat Singh and others, trading as Sardar Trading Company (hereinafter referred to as the respondents) applied to the Registrar of Trade Marks. Delhi, for the registration of a trade mark consisting essentially of the device of a tiger and the word tiger in English in class 25 in respect of shoulder pads. M/s. Fancy Shoulder Pad Makers (hereinafter referred to as the appellants) filed opposition to the said application. The opposition was based upon the ground that the appellants were the proprietors of a registered trade mark consisting of the device of a lion in class 25 in respect of shoulder pads in the Union Territory of Delhi and that the proposed trade mark of the respondents was deceptively similar to the registered trade mark of the appellants and that the adoption of the appellants trade mark by the respondents was dishonest. The Assistant Registrar while holding that the proposed trade mark of the respondents was likely to decieve the public into believing that the proposed trade mark of the respondents was the same as that of the appellants inasmuch as both the words lion and tiger were known in Urdu. Hindi and Punjabi as sher . but ta