(This appeal is preferred under Section 105 of the Trade and Merchandise Marks Act, 1958 against the order dated 3.2.1998 in T.M.A.No.4 of 1988.)

V. Ramasubramanian, J.

The appellant is aggrieved by the rejection of his application for rectification of the Register, by the Deputy Registrar of Trade Marks and the dismissal of his appeal under section 109 of the Trade and Merchandise Marks Act,1958 by the learned Judge of this court.

2. The facts leading to the above second appeal are as follows:-

(a) The respondent obtained the registration of a trade mark bearing No.302515, in Part-A of the Register, in respect of cosmetic preparations such as Kanmai, Kumkum, Eyebrow pencil and Bindi for sale in the States of Tamilnadu, Kerala, Karnataka, Andhra Pradesh and Orissa and Union Territory of Pondicherry. The mark consisted of the word “IRIS” in Tamil character and the respondent sought registration claiming user from 15-5-1964 and the Registrar registered the mark on 29-1-1975.

(b) On 13-6-1980, the appellant filed an application for rectification, on the ground that they are the registered Proprietors of a Trade Mark known as “Eyetex” bearing registration no.124824 dated 11-9-19