JUDGMENT :- This appeal has been preferred under S. 109 of the Trade and Merchandise Marks Act of 1958, (hereinafter referred to as the Act) against the decisions of the Asst. Registrar of Trade Marks, Madras, dismissing two applications filed by the appellant, Applications Nos. 154321 and 149486, declining to register the trade marks.

2. The applications for registration were filed as early as June 1951 and June 1952 under the old Trade Marks Act of 1940 but as they had a chequered career they were ultimately disposed of by Madras Officer acting under the provisions of the Act of 1958 in 1960.

3. The appellant, T.G. Balaji Chettiar, who is carrying on business in the manufacture and sale of soaps filed three applications (i) A. No. 149686 dated 20-6-1951; (ii) A. No. 149485 dated 20-6-1951 and (iii) A. No. 154321 dated 5-6-1952, for registration of a trade mark containing the word "surian", alleging that he has been carrying on the business in the manufacture and sale of soaps using this trade mark for a very long time, thereby implying that he is or has become the owner of proprietor of this trade mark and therefore entitled to registration. Application No. 149485 the second appli

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