JUDGMENT :- In this appeal under S. 109 of the Trade and Merchandise Marks Act, 1958, M/s. Nestle' s Products (India) Limited object to the grant of registration to the trade mark "INSTEA"in favour of M/s. Alvitone Laboratories. Alvitone applied for registration of this trade mark under item No. 3 of the Fourth Schedule to the Trade Mark Rules 1959 which, inter alia, included "tea". The application was made on the footing that the trade mark was "proposed to be used"by Alvitone. The Assistant Registrar accepted Alvitone' s application and granted registration to "INSTEA"(word per se) under Part A of the Register.

2. Nestles filed an opposition before the Assistant Registrar objecting to the grant of registration to Alvitone' s trade mark. Nestles contended that "INSTEA"was not an invented word. According to them, it was easily recognizable as a portmanteau word to denote "instant tea", an expression descriptive of the character of the commodity in ordinary trade parlance. To grant registration for that word-mark in Alvitone' s favour would, according to Nestles, tend to give monopoly advantages to Alvitone and rob others in the same line of trade of their right to employ th