JUDGEMENT :- This appeal is directed against the dismisal of an application filed by the appellant under Section 56 of the Trade and Merchandise Marks Act for rectification of the register by removing the trade mark No. 164933 or by deleting from the said mark the words 'Thennamarakkudi oil.'

2. The facts as set out in the application for rectification are as follows :-

The appellant's father Santhanakrishna Naidu started, in or about the year 1918, a business in the manufacture and sale of a medicinal oil preparation for curing sprains, and fractures under the name and style of R.S. Krishna and Co. In order to distinguish his goods from that of the other merchants the appellant's father adopted mark consisting of a device in which the word 'Thennamarakkudi oil' formed an essential part. The appellant's father, and, after his death, the appellant have been continuously using the said mark on the tins of the medicinal oil prepared and sold by them. The mark adopted by them for their goods had been registered in the name of appellant's father under No. 89873 and a certificate of registration dated 4-3-1949 has been issued. After the appellant's father he has been continuing th