Trade Marks, registration of

S. 10-Trade mark, registration of-Discretion, exercise of-Section 10 verily confers discretion on Registrar to take into account social as well as economic considerations but such considerations not sole considerations for exercise of discretion under S. 10Tribunal also to consider public interests and public interests never furthered by doing anything encouraging dishonesty-Respondent having dishonestly copied mark of another, Registrar, held, exercised his discretion correctly in dismissing respondent's application for registration of disputed mark. S. 10 (2)-Trade mark, registration of -Words "other special circumstances" appearing in S. 10 (2)-Dishonest concurrent use of trade mark of another proprietor if supposed to fall under words "other special circumstances", word "honest" preceding words "concurrent use" would be rendered redundant but redundancy cannot be lightly attributed to Legislature.-[Interpretation of statutes].

S.8(a)-Trade mark, registration of-Evidence of actual deception or confusion-Not necessary for refusal to register trade mark-Registrar duty bound to refuse registration of trade mark likely to deceive or cause confusion Likelihood of confusion in mind of man of ordinary prudence-Sufficient for refusal Words "Livatogen" and "Livegen" used in respect of same class of goods

Held.: both resembled visually and phonetically and likely to cause confusion.

Ss. 8 & 10-Trade Mark, registration of-Conditions to be imposed by Registrar-Discretionary-Registrar cannot, however, impose a condition arbitrarily or capriciously-Order of Registrar imposing conditions for registration of Trade Mark-Open to appeal before High Court.