VEERASWAMI, C. J.

Appeal under clause 15 of the Letters Patent against the order of the Hon'ble Mr. Justice Kailasam dated 28.6.65 and made in A.A.O. No. 267/62--preferred against the order dated 26.4.1962 of the Assistant Registrar of Trade Marks, Madras made in T.L.A. 948 Restoration of Trade Mark No. Mysore 2671 to the Registrar.

This Appeal coming on for hearing on this day, the court delivered the following :

Judgement :

The appellant's trade mark was registered on April 4, 1949. Under the provisions of section 19(3) of the Trade Marks Act, 1940, the Registrar is required to send notice to the proprietor in this prescribed manner the date of expiration and the conditions as to payment of fees for renewal. If at the expiration of the time prescribed, the conditions have not been duly complied with the Registrar may remove the trade mark from the register. He does so subject to such conditions, if any, as to its restoration to the register as may be prescribed. The prescription is in the form of Rule 49 of Trade Marks Rules, 1942. Sub-rule (2) of this Rule says that, after the mark has been removed from the register, the Registrar may, on receipt of a request made in tha