( 1 ) MESSRS Kanwar Ayurvedic Pharmacy, Kanpur, a partnership concern through its partners Abinash Chandra Singh, Thakar Dev Dutt Singh and Thakar Ram Bharoaey Singh applied to the Registrar of Trade Marks under the Trade Marks Act of 1940 (hereinafter REFERRED TO as the Act) in three cases Nos. 156267, 156263 and 170741 on 12th November, 1952, for registration of Trade mark in class 5 in respect of medicines. The first applicatlon No. 156267 relates to a label on the centre of which appears most prominently the words "vedana Nlgrah Ras" in Devnagri characters. On the right hand corner of this lable is the picture of a woman. The name of. the petitioner-company also appears on this label. The second application No. 156268 is in relation to the words "vedana Ni?rah Ras" in Roman character. The third application relates to two labels, one in Devnagri character and the other in Roman character. On the centre of the labels the words "vedana Nigrah Ras" appear prominently. The device of pistol and mortar is depicted on the top left hand side of the labels. The name of the petitioner-company also is inscribed in the labels.

( 2 ) THE Trade Marks Registry after preliminary exa