Abdul Cader V. The Madras Palayakat Company, Ltd.,

1933 Present: Garvin S.P.J. and Maartensz A.J.

ABDUL CADER v. THE MADRAS PALAYAKAT
COMPANY, LTD.

147-D. C. Colombo, 1,910.

Trade Mark-Application for registration-Opposed on the ground that it so nearly resembles another as to be calculated to deceive-Burden of proof-Test to be applied-Leading characteristics-Ordinance No. 25 of 1925, ss. 11 and 19.

Where an application for registration of a trade mark is opposed on the ground that the applicant's trade mark so nearly resembles the opponent's as to be calculated to deceive, and it is established that they resemble each other,-

Held, that the burden of proving that there is no reasonable probability of deception is on the applicant.

The question whether the two trade marks so nearly resemble each other as to be calculated to deceive must be determined by considering what is the leading characteristic of each and whether the main impression which would remain with any person seeing them at different times is the same.

APPEAL from a judgment of the District Judge of Colombo.

This was an application to register a trade mark consisting of a device, containin

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