Trade mark rectification may confine a broad class registration to goods actually used, not every distinct product within the class.

Trade mark registration under a broad class does not give an unqualified monopoly over every distinct goods falling within that class. Where the class covers separately identifiable and commercially distinct goods, and the proprietor has used the mark only for one product while showing no bona fide intention to use it for the others, rectification may limit the specification to the actual goods used. On this reasoning, the broader entry for manufactured tobacco could be confined to cigarettes alone, consistent with the scheme of registration, rectification and limitation under the Act and Rules.

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Issues: Whether a registered trade mark entered under the broad class "manufactured tobacco" could be rectified so as to confine the registration to cigarettes alone, where the proprietor had used the mark only for cigarettes and had no bona fide intention to use it for other tobacco goods.

Analysis: The trade mark law permits registration in respect of goods comprised in a prescribed class, but a class may contain several separately identifiable and vendible goods. Manufactured tobacco was held to be a broad genus covering distinct species such as cigarettes, cigars, quiwam, zarda, gutka and snuff, each having a different character, mode of consumption and commercial identity. Where the registered proprietor had in fact dealt only in cigarettes and had not shown a bona fide intention to use the mark for the other goods within that class, the registration could not be allowed to operate as a monopoly over all goods in the class. In such a case, rectification limiting the specification to the actual goods used was consistent with the scheme of registration, rectification and limitation under the Act and Rules.

Conclusion: The rectification restricting the respondent's registration to cigarettes was valid and ought not to have been interfered with.

Final Conclusion: The appeals were allowed and the order of rectification was restored, leaving the respondent's registration confined to cigarettes and declining to pronounce on the appellant's separate claim to registration.

Ratio Decidendi: A trade mark registered under a broad class may be rectified and confined to the specific goods actually used where the proprietor has neither used nor shown a bona fide intention to use the mark for other distinct goods within that class.

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