This is an appeal under section 109 (1) of the Trade Marks Act, 1958 against the order of the Assistant Registrar of Trade Marks Madras, registering a trade-mark in respect of chewing tobacco manufactured by the respondent. The appellant has been doing business in the sale of chewing tobacco since 1935. He applied in 1942 for registration of a trade-mark under the name of "Thanga Baspam Tobacco". The design consists of that name and below it was circle; inset within it is a photograph of the appellant. At the top portion of the circle, the words ‘Thanga Baspam Tobacco ‘are printed in English. Then follows the address of the appellant. This trade-mark was registered as No. 8939, and we are told that, after the expiry of the period of registration, it has been further renewed. Subsequently, the appellant appears to have registered the words ‘Thanga Baspam ‘alone as his mark for the sale of his tobacco. The registration number for this is 139406. While so, the respondent who was living about 30 miles from the appellant sought registration of mark under the name of ‘Thangapavan (Gold Sovereign) Tobacco’. His design consists of the above words; then there is a des