RAGHAVAN, J. :- The above appeal arises out of application No. 212575 in cl. 34 made by the appellant for registration of "Radha's Sri Andal" snuff manufactured by them. The said trade mark was advertised in Trade Marks Journal dated 1-9-1963 and the first respondent, who is trading under the name and style of 'Sri Ambal snuff' opposed the registration. The grounds of opposition are :-

(1) For the last over half a century, they have been regularly and in the course of trade using in connection with snuff of their manufacture trade marks containing the expression 'Sri Ambal Snuff' with or without certain devices.

(2) That their marks had been registered under Nos. 89995, 126808 and 146291.

(3) That by long and extensive user the abovesaid marks have come to and denote to the trade and the public that snuff bearing those marks is their merchandise.

(4) That they are interested in preventing the use or registration of any trade mark which was calculated to pass off as and for their well knows 'Sri Ambal Snuff' or which is otherwise likely to cause confusion and deception among the public.

(5) That the applicant's mark contains the expression "Sri Andal" of which the material and e