Kailasam, C.J.

1. This appeal is preferred by Mettur Pharmaceuticals (P) Limited against the judgement of Ganesan J. in A.A.O. 369 of 1966, dismissing the appellant's application to register his trade mark.

2. The appellant made an application for registration of a trade mark consisting of the word "ASTHMIX" in Part A of the Register in Class 5 in respect of a designation of goods, which, after an amendment, reads as 'Pharmaceutical preparation for the treatment of Asthma'. A notice of opposition was lodged by the first respondent under Section 21 of the Trade and Merchandise Marks Act, 1958. The main grounds of opposition were that the opponents are the proprietors in India of the trade mark ASMAC registered under C1. 5 in respect of pharmaceutical preparation for the treatment of asthma, that by long and extensive user the said trade mark had become exclusively associated by the trade and the public in India with them and had acquired a great reputation, that the appellant's trade mark is deceptively similar to theirs, that the appellant's mark did not qualify for registration under Section 9 of the Act and that in view of the deceptive similarity, the appellant's appli