K. VEERASWAMI, C. J

1. This is an appeal from an order of Maharajan, J., who allowed the first respondent's appeal from an order of the Register of Trade Marks. Both the first respondent and the appellant have been engagaed in the manufacture of matches, the former from 1945 at Sivakasi and the latter from 1959 at Sattur. The trade mark of the first respondent, camel brand, was registered on April 4, 1945, and his annual sales for 1946-47 were stated to be in the order of more than five lakhs, which rose to somewhere about thirty lakhs in 1966-67, while the appellant's turnover was very much less, in the order of about six lakhs. When the appellant asked for registration of his trade mark, which consists of a ram as the permanent feature, it was objected to by the first respondent, but unsuccessfully. So the first respondent applied for rectification of the register in respect of the appellant's trade mark, which was not allowed. But, Maharajan, J., on appeal by the first respondent, thought that the appellant's trade mark was deceptively similar to that of the first respondent. On that view, he allowed the appeal, that is to say, he directed that the background and the