Office of Registrar and the register at Bombay.

Both these appeals have been filed under section 76 of the Trade Marks Act against decisions of the Registrar regarding rectification of the Trade Mark Register. Under section 76 (1):

“Save as otherwise expressly provided in the Act, an appeal shall lie from any decision of the Registrar under the Act or the rules made thereunder to the High Court having jurisdiction.”

The office of the Registrar of Trade Marks, is situated in Bombay. The Register of the Trade Marks is kept at Bombay and the rectification is made in that register. It must, therefore, be held that the High Court having jurisdiction in the matter is the High Court at Bombay. There is ample authority to support this conclusion in the decisions in Abdul Ghani v. Registrar of Trade Marks1, Tap On Tea Co. v. The Liptons,Ltd.,2 and Satya Deo v. Amrit Dhara Pharmacy3. Learned counsel for the respondents has also brought to our notice two unreported decisions of the Calcutta and Punjab High Courts respectively taking the same view; but, we do not think it necessary to refer to them. The appeals to this Court are, therefore, incompetent. We direct that the memoranda of appeals in these two appeals be returned to the parties to be presented to the proper Court within two months to the respondents in each appeal.

These appeals having been set down this day for being mentioned, the Court made the following

Order.-The appellant will pay half the costs of the contesting party respondent. Advocate’s fees Rs. 150 in each case.

V.S. ----- Memo, of appeals returned for presentation to proper Court.