SAAD SAOOD JAN, J.---The respondent-company is the registered owner of a trade mark comprising the letters `KSB' in respect of water pumps of different natures, scientific and nautical surveying electrical apparatus and instruments. The petitioner-company which manufactures electric fans and desert coolers applied for the registration of the trade mark comprising the same letters. The respondent-company opposed the petitioner-company's application. The Registrar rejected the application of the petitioner-company with the findings:-- "In view of above discussion I have come to the conclusion that the adoption and use by the applicant an identical Trade KSB in respect of goods of same description is likely to cause confusion and deception amongst the general public, purchasers and trade. The Mark KSB if used by the applicant would be passed off as for the trade mark of the opponent. The applicant is also not entitled to be given benefit under section 10(2) of the Trade Marks Act, 1940 because there is no honest concurrent use of trade mark and adoption by applicant of an identical trade mark is entirely mala fide and dishonest."
2. From the order of the Registrar, the petitioner-company preferred an appeal before the High Court. A learned Single Judge dismissed the appeal after affirming the findings of the Registrar and holding that there was every possibility of a customer to gain the impression that the goods of the petitioner-company had been manufactured by the respondent-company. The petitioner- company seeks leave to appeal from this Court.
3. After hearing the learned counsel for the petitioner we are not persuaded that the findings of fact recorded by the Registrar and affirmed by the High Court suffer from any infirmity. Leave is refused.