Bellie, J.

This appeal is directed under Section 109 of the Trade and Merchandise Marks Act, 1958 against an order passed by the Assistant Registrar of Trade Marks, Madras in an application filed under Sections 46 and 56 of the Act for rectification of a Registered Trade Mark. The rectification prayed for has been ordered by the Assistant Registrar.

2. The application for rectification was filed by "Toshniwal Brothers Private Limited" and it was filed against "Toshniwal Instruments Madras". The rectification sought for was ordered by the Assistant Registrar. As against that Toshniwal Instruments Madras have filed this appeal. They will be hereinafter called the registered proprietors. The respondent-Toshniwal Brothers Private Limited will be hereinafter called the applicants.

3. The case of the applicants is that they are a leading company incorporated under the Indian Companies Act, 1913 and are engaged since 1948 as sole selling agents in the sale and distribution of Scientific and Technical Instruments and Apparatus of various kinds, indigenously manufactured both by associated and non-associated manufacturing firms of the applicants as well as imported from abroad. In