JUDGMENT :- This is an appeal against the order of the learned Assistant Registrar of Trade Marks, dated 20th March, 1965 registering a trade mark in the name of B. Monappa, the first respondent in the appeal. To understand the points in controversy, it is necessary to have an idea of the background and the events which led to the filing of the Application No. 216880 of Monappa. Monappa and the first appellant B. S. Ramappa are the sons of the late B. Ramappa, Monappa being the elder son. The late Ramappa started the business of manufacturing tiles in or about 1921 in Mangalore and invented the trade mark known as the Taj Double Bavta Mark. Bavta means a flag and the mark itself will be described a little later. He was therefore the founder of the trade mark. He registered it in or about 1936 in the Chamber of Commerce, Madras; but at that time there was no statute for registration in this country, and the first statute was passed in the country only in 1940. He was manufacturing tiles in two factories, one called the Jayaram Tile Works in Kudroli, Mangalore-3 and the other the Indian National Tile Works Hoige Bazaar Bolar, Mangalore-1. The premises of the Indian National