S.S. Subramani, J.

Petitioner in O.P.No.358 of 1982, on the file of this Court, is the appellant. The petition was filed for rectification of the Register or removal of the registered trademark, under Sec.56 read with Sec.107 of the Trade and Merchandise Marks Act, 1958.

2. The allegations in the petition are that the petitioner has been manufacturing and selling tiles by using the trade mark of ‘Umbrella’ from January, 1976. It has applied for registration of its Trade Mark consisting of the device ‘Umbrella’ on 20.12.1980 claiming user from January, 1976 and the same is pending consideration. It is further averred that one Messrs. Eastern Clay Works, Sudarsan Building, Calicut had filed O.S.No. 3 of 1982 on the file of the Additional District Court, Trichur against the appellant herein (petitioner) for the issue of a permanent injunction restraining the petitioner, its servants or agents from manufacturing and selling tiles with the Trade Mark consisting of the device ‘Umbrella’ and other reliefs. It is said that Messrs. Eastern Clay Works claimed themselves as lessees under Messrs. Sudarsan Trading Company, Calicut who are the registered proprietors of the trade mark