R. Jayasimha Babu, J. - This appeal is directed against the order of the Assistant Registrar of Trade Marks allowing the application filed by the Respondents 1 and 2 herein for rectification of the register by expunging the Trade Mark No. 273203 registered in the name of the appellant herein. The mark that has been registered was in Class 33 under No. 273203 consisting the words "Peter Scot". That mark had been registered with effect from 3-7-1971 in the name of the of the appellant herein. The application for rectification was filed on 17-4-1986 by the Respondent Nos. 1 and 2 herein namely (1) The Scotch Whisky Association and Johny Walker & Sons Limited, London. The application was on the ground that the trade mark offended Section 9 of the Trade and Merchandise Marks Act, 1958 as it was neither distinctive nor was capable of distinguishing the registered proprietor's goods; that the registration contravenes Section 11(a) of the Act as it contains the words 'Scot' which is likely to deceive or cause confusion and/or the said mark was and is disentitled to protection of the Court under Section 11(e) of the Act.

2. The trade mark 'Peter Scot' is used by the appellant for w