Lakshmanan, J.

1. The matter arises under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as "the Act"). The Petitioner filed this petition under Sections 32(e), 46, 107 of the Act praying that the entry in the register in respect of registered Trade Mark No. 170403 in Class-34 in part-A in the name of the respondent K.B. Venkatachalam trading as Golden Match Works, Gudiyatham, dated 13-8-1955 may be removed from the Register.

2. The facts as stated in the petition in brief are as follows: The first petitioner K.R Jadayappa Mudaliar is trading in Match Works under the name and style of M/s. Sarasu Match Works at Gudiyatham, North Arcot District The second petitioner is the son of the first petitioner, who is also trading in the same trade under the name and style of M/s. Vanaja Match Works, at Thottidurai Mottur Village, Murasappalli (Post), Gudiyatham. The petitioners are represented by their counsel Mr. C. Daniel. The matter was argued at length by the learned Senior Counsel Mr. U.N.R. Rao on behaif of the petitioners. The petitioners and the respondent are engaged in the business of manufacturing safety matches. They are competitors and rivals in the said b