LONDON RUBBER CO. LTD. vs DUREX PRODUCTS

The Supreme Court upheld the registration of the trademark 'Durex' under the Trade Marks Act, 1940, specifically sections 8(a) and 10(2), despite opposition from the appellant who claimed prior use since 1932. The Court clarified that the provisions of section 8(a) apply even when a mark identical to the one sought for registration is already on the register, and that honest concurrent use can justify registration under section 10(2). The Court found no likelihood of confusion or deception, thus restoring the Deputy Registrar's order allowing the registration.