Abdul Caffor Et Al. V. Ahamed Et Al.,

1942 Present: Hearne and Jayetileke JJ.

ABDUL CAFFOR et al v. AHAMED et al.

10-D. C. (Inty) Colombo, No.8 (Misc).

Trade Mark-Application for registration opposed-Grounds of opposition Refusal by Registrar on ground not taken-Appeal to District Court Failure to obtain leave to take new ground-Trade Marks ordinance (Cap. 121), s. 12 (8).

In an application for the registration of a trade mark, it is within the discretion of the Registrar acting on material that has been disclosed before him to refuse registration of a trade mark if, on such material, another ground of opposition could properly have been taken by those who opposed the registration.

In the event of an appeal to the District Court the Judge of that Court is entitled to examine only the gr6unds of opposition originally taken by the opponents unless at the instance of the Registrar or the opponents leave is obtained to argue the appeal before the District Court on a ground which was not included in the grounds of opposition on which the Registrar was originally invited to refuse the application.

APPEAL from an order of the District Judge of Colombo.

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