JUDGMENT :- Petition under S. 56, S. 107 and 108, Trade and Merchandise Marks Act, 43 of 1958, for rectification of the Register of trade mark by cancelling the registration of the trade mark "Matulaies" adopted by respondents 1 to 3. The petitioners are reputed manufacturers of safety matches, and one of their trademark is "three mangoes" which they are using ever since 1934, on the packets and labels of the match boxes sold extensively in different districts of Andhra Pradesh and more particularly in the districts of Guatur, Krishna, Khammameth and Warangal. The first respondent is a proprietary concern of 2nd respondent, P. Muthiah Nadar, and the 3rd respondent, the joint owner of the trade mark "Matulaies" The complaint of the petitioners is that respondents 1 to 3, in or about 1959, conceived the idea of adopting the mark of "Matulaies" similar to that of the registered trade mark of three mangoes of the petitioners maliciously and with the intent .if causing wrongful loss to the petitioners. The case of the petitioners is that the mark of "Matulaies" adopted by respondents 1 to 3 is an obvious and colourable imitation of the trade mark of "three mangoes" and is calcu