1. The question arising for decision in the appeals is when a word or combination of words commonly used would be acquired as the trade mark of a person. The same issue arises for adjudication in the petition for the rectification of the Registers of Trade Marks. The two appeals, Nos. 233 and 301 of 1959, are against the decree by the District Judge, Ernakulam, in O.S. No. 233 of 1951 The plaintiff in the aforesaid action is a registered firm called the Navaratna Pharmaceutical Laboratories, and has prayed against Pandit Durga Dutt Sharma, a resident of Jullunder City, a perpetual injunction and damages. The injunction is to restrain the defendant, hereafter referred to as Pandit Sharma, and others under him, from advertising, selling, or dealing in any preparation or preparations containing the term 'Navaratna', or any similar term; to restrain Pandit Sharma from trading under any name and style containing the term 'Navaratna', or any other similar term; and to restrain him from infringing the firm's registered trade mark 'Navaratna'. The damages claimed is Rs. 2,960-12-0, that being the total loss averred to have been caused by Pandit Sharma's wrongful acts. The petit