Judgment

AYYANGAR, J.: These two appeals, by special leave, are concerned with the validity of the respondent firm s claim as the registered proprietor of a Trade Mark Navaratna Pharmaceutical Laboratories used by it on its medicinal preparations.

2. The two appeals arise out of different proceedings but before narrating their history it would be convenient to briefly set out the facts upon which the claim of the respondent to the exclusive use of this Trade Mark is based. The respondent, as stated already, is a firm, and it carries on business at Ernakulam in the same name and style as the Trade Mark now in controversy - "Navaratna Pharmaceutical Laboratories". As its name indicates, the firm manufactures medicinal products. The business of the firm was founded sometime in 1926 by one Dr. Sarvothama Rao who is now no more. When started, the business was called Navaratna Pharmacy but from January 1945 the name of the business was changed to the present one - Navaratna Pharmaceutical Laboratories. From the very beginning the proprietors used the Trade Mark "Navaratna" on the products which they manufactured and sold. In December, 1928 the word Navaratna and the name Navaratna P