This is a petition under sections 37 and 46 (2) of the Trade Marks Act (Central Act V of 1940) for the removal of the trade mark of the first respondent from the Register of Trade Marks.

The petitioner is a private limited company carrying on business in the manufacture and sale of handloom sarees. The first respondent is a company whose registered office is in Bombay. It owns and conducts a spinning mill in Bangalore The second respondent is the Registrar of Trade Marks, Bombay.

On 10th June, 1942 , the first respondent made Application No. B-1108 for the registration of a trade mark consisting of the word ‘Chamundi’ in respect of cotton and artificial silk piece goods of all kinds. On 7th October, 1942, the first respondent made two further applications, being Applications Nos. B-62078 and B-62080 for registration of trade marks each containing a picture of Goddess Chamundi and claiming registration of the marks in respect of

‘tissues (piece goods); bed sheets and table covers; textile articles not included in other classes".

All the three applications were accepted and the marks were registered. The registration was, dated 10th June, 1942, in the one case and 7th October,