Law:

Section:

Trade Marks Act (V of 1940)---

---- Ss.14 & 76 --- Registration of trade mark "Tip Top" was declined by Registrar, ground for refusal being that the mark sought to be registered, was similar if compared as a whole to the already registered trade marks "Top" an 'Tip job --- Validity --- Application for registration of trade mark having been rejected at a preliminary stage, without issuing any notice to proprietors of trade marks concerned whose trade marks were deemed to be similar to the trade mark applied for, order of rejection was set aside -- Applicant's case was directed to be processed and due notices to be issued to concerned persons whose trade marks already registered, were deemed to be similar to the trade mark applied for, and decision to be taken in accordance with law.

JUDGMENT