JUDGMENT :

R.C. Jain, J.

This appeal is directed against the order of the Registrar Trade Mark dated 23.10.2000, by which an application for rectification moved on behalf of M/s Prince Industries-Respondent herein has been allowed and the trade mark 444393 in Class 8 registered for, the product of the appellant has been ordered to be rectified and expunged from the Register Trade Marks.

2. Briefly stated the relevant facts giving rise to the present appeal are that the above named appellant was the registered proprietor of the trade mark "BELL" registered under Registration No. 444393 in Class 8, having been registered on 16.10.85. The respondent No. 1 filed a rectification petition numbering DEL-686 before the trade mark Registry alleging, inter alias that the registration has been procured by playing fraud, suppressing material facts as also on the ground that respondent No. 1 had been using the mark "BELL" since 1962 and that the appellant had not used the mark "BELL" in relation to the goods to which the mark was applied. It was also alleged in the rectification application that the mark "BELL" had become common to the trade as more than three persons were openly and continuously