LAKSHMANAN J.

Original Petition No. 358 of 1982 was filed by Fatima Tile Works, Marathakkara, Trichur, Kerala, under section 56 read with section 107 of the Trade and Merchandise Marks Act, 1958 (hereinafter called "the Act"), for rectification of the register or removal of the registered trade mark granted in favour of one Madura Co. Ltd. and later assigned in favour of Sudarsan Trading Company (hereinafter called "STC"). Original Petition No. 309 of 1983 was filed by Standard Tile Factory (Pvt.) Ltd., Karuvannur, Trichur district, represented by its managing director, Mr. Balan against STC, Calicut, and against the Deputy Registrar of Trade Marks, Madras 6, under section 56 read with section 107 of the Act for rectification of the register or removal of the registered trade mark.

The contesting respondent in both the original petitions is Sudarsan Trading Co. (STC), Calicut 1.

The short facts are as follows :

The trade mark in question was registered under No. 2763 in Part A of the register as of the date July 29, 1942, in class 19 in respect of bricks and tiles, roofing tiles, ceiling tiles, ventilators, skylights, all being made from clay and/or fireclay materials in the