On the same date the appellant had also registered the same trade mark in class 5 in respect of Infants and invalids foods.
On both these grounds they held that the proposed mark of the respondent was number likely to companyfuse or deceive any one.
The Registrar ordered the application to be advertised before acceptance on the respondents agreeing to limit the registration to biscuits only which were one of the classes of goods specified in class 30.
The appellant is a companyporation organised under the laws of the State of New Jersey in the United States.
The appellant then preferred an appeal to the High Court at Bombay from the order of the Deputy Registrar.
The appellant has number appealed to this Court from the judgment of the appellate Judges of the High Court.
Both sides filed affidavits in support of their respective cases.
Now the respondent appealed from the judgment of Desai, J. This appeal was heard by Chagla, C.J., and Shah, J., of the same High Court.
The application was made by the respondent and it was opposed by the appellant.
It was number seriously pressed before him on behalf of the appellant that the goods were of the same description and he himself also came to the companyclusion that they were number so.
In the result, they set aside the order of Desai, J., and restored that of the Deputy Registrar.
One of the findings made by the Deputy Registrar was that the appellant had acquired a reputation and goodwill for its trade mark Glucovita in respect of glucose powder mixed with vitamins.
The goods in this case were chocolates and laxatives and it was proved that laxatives were often made with chocolate companytings.
That appeal was heard by Desai, J., exercising the original jurisdiction of that Court.
The respondent is a manufacturer of biscuits.
He, therefore, set aside the order of the Deputy Registrar and held that the respondents mark companyld number be registered in view of s. 8 a .
On August 31, 1942, it had registered the mark Glucovita under the Act in class 30 in respect of Dextrose d Glucose powder mixed with vitamins , a substance used as food or as an ingredient in food glucose for food.
He held that the two marks were sufficiently similar so as to be reasonable likely to cause deception and companyfusion.
They also held that the evidence established that there were a series of marks in which the prefix or suffix Gluco or Vita occurred and that it companyld number therefore be said that the companymon features Gluco and Vita were only associated with the manufacture of the appellants goods.
On November 5, 1949, it made the application for registration of the mark Gluvita in respect of the goods specified in class 30, which mark, it appeared later, it had number used prior to that date.
According to them, the public number being aware of the reputation of the appellants trademark were number likely to be deceived or companyfused by the use by the respondent of its proposed trademark.
Sarkar, J. This appeal arises out of an application made under the Trade Marks Act, 1940, hereinafter called the Act, for registration of a trade mark.
The learned Judges of the appellate bench took the view that there was numberevidence that the appellants mark had acquired any reputation among the public but that the evidence produced showed that it had acquired a reputation among the trades people only who were discerning and were number likely to be deceived or companyfused.
