1 claims to own and is using on the packing of the companytraceptives manufactured and marketed by it.
From the judgment and order dated July 10, 1958 of the Calcutta High Court in Appeal from Original No.
133 1 c of the Constitution, the question which arises for companysideration is whether the Deputy Registrar of Trade Marks, Calcutta, was right in admitting to registration the trade mark Durex which respondent No.
The respondent No.
S. Pathak, B. Sen and D. N. mukherjee, for the appellant.
N. Sanyal, Additional Solicitor General of India, A. N. Sinha and B. N. Ghosh, for respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
March 4.
this appeal by a certificate granted by the High Court of Calcutta under Art.
Against this order an appeal was preferred before the High Court of Calcutta under s. 76 of the Trade Marks Act, 1949 which was dismissed by a Division Bench of that Court on March 9, 1959 After obtaining a certificate of fitness from the High Court the appellant has companye up before us.
26 of 1961.
Its claim is disputed by the London Rubber Co., Ltd., London, the appellant before us by lodging an opposition to the registration on March 29, 1951.
Thereafter, on July 24, 1954 the registration was renewed for a period of 15 years as from December 23, 1953.
The judgment of the Court was delivered by MUDHOLKAR J. In.
The Durex Products Inc., of New York City, U. S. A. made an application before the Deputy Registrar of Trade Marks on May 28, 1946 for registering the mark Durex used by it on companytraceptive devices including prophylactic sheaths or companydrums, vaginal diaphragms, instruments for inserting diaphragms and models for demonstrating insertion of diaphragms, vaginal jellies, applicators for vaginal jellies and surgical lubricating jellies.
41 of 1955.
The appellant claims to be well established manu facturer of surgical rubber goods and proprietor in India of the trade mark Durex which it has been using in India since the year 1932 i. e., from the year in which it was registered in the United Kingdom.
1s application as well as the appellants opposition came up before the Deputy Registrar of Trade Marks who, by order dated December 31, 1954, overruled the objection and admitted the mark Durex to registration as sought by the respondent No.
On December 23, 1946 the appellant applied for registration of the word Durex in clause X which application was granted on July 11, 1951.
