( 1 ) THIS is an appeal under section 109 of the Trade and Merchandise Marks Act, 1958, against the order dated 9th July, 1963, passed by Assistant Registrar of Trade Marks.

( 2 ) ON 27th July, 1960 Bridgestone Company (Private) Ltd. New Delhi (hereinafter REFERRED TO as the appellant-company) made an application No. 197143 B for registration of a trade mark in para "a" of the Register in clause (12) in respect of a specification of goods which when subsequently amended read as bicycles and parts thereof included in clause (12), but not including rubber tyres and tubes . The mark consisted of the word bridgestone . The appellant-company claimed to have used the mark since 1st July 1960. On the examination of the application in the Trade Mark Registry, an objection was taken that the mark was not registerable in para a of the Register. Subsequently at the request of the appellant-company the application was converted to one for registration in part b of the Register. It was thereafter advertised as such in the Trade Marks Journal dated 1st May 1961. On 24th July 1961 M/s. Bridgestone Tyre Company Ltd. of Tokyo, Japan filed a notice of opposition. The Assistant Regis