MAHARAJAN, J. :- This Letters Patent Appeal is directed against the judgment of Ganesan, J. in C. M. A. 278 of 1966 and arises under the following circumstances. The appellant which is the Mount Mettur Pharmaceuticals Ltd., applied to the Assistant Registrar of Trade Marks, Madras, for the registration of its trade mark 'Utogynol' in Part A of the Register in clause 5 in respect of goods which are designated as 'medicinal preparations'. This application was opposed by the respondent, Ortho Pharmaceuticals Corporation, who had registered its trade mark 'Ortho-Gynol' in India in May 1943, in respect of the same type of goods, viz., medicinal preparations. The main ground of the opposition was that the appellant's trade mark so nearly resembles the respondent's that it is likely to cause confusion and deception within the meaning of Section 12 (1) of the Trade and Merchandise Marks Act, 1958. The Assistant Registrar upheld the respondent's objection and refused to register the appellant's trade mark. The appeal filed by the appellant against the order of the Assistant Registrar was disposed of by Ganesan, J. It is against the dismissal of the appeal that the present Letters P