RAMACHANDRA IYER, C.J. :- This appeal arises out of an action instituted by the appellant in the District Court, Madurai for infringement of their trade mark. Messrs Parry and Co. Ltd. the appellant herein is a company with limited liability engaged on several lines of business activity. They are interested in a sugar factory at Nellikuppam in South Arcot District. They have also been manufacturing confectionary. For marketing their confectionary products they are using two trade marks which have been registered under Class 30 of the Trade Marks Act, 1940, the registered numbers being 92, 251 and 1,24634. The first of the two marks is in the name "Parrys" in block letters and the second is a design which contains the word Parrys written in script form. Both the marks were by virtue of the original registration to enure for a period of 7 years the former being in respect of sugar and all kinds of confectionary, while the latter was confined to all kinds of confectionery.

The said trade marks have been subsequently renewed for a further period of fifteen years from 5-2-1951 and 30-2-1953 respectively. The respondents, Messsrs. Perry and Co. is a firm consisting of two partner