OKYERE-DARKOH J.: The opponents are the registered proprietors of the trade mark No. 5243 consisting of a label bearing the words “Pall Mall” effected on 23 April 1949 in class 45 in respect of cigarettes. It was contended by the opponents that the propounded mark so nearly resembles their registered trade mark as to be calculated to deceive and therefore it should not be accepted for registration. It was submitted that the propounded mark in relation to matches is liable to cause confusion or deception or both and would facilitate the passing off of the applicants’ goods as the opponents product sold under the “Pall Mall” label. It was finally submitted that the word “Palma” has geographical significance and hence the mark is not entitled to registration under the terms of section 9 (4) of the Trade Marks Ordinance.1
After careful consideration of the submissions made by both learned counsel and after going through the affidavit in support of the opposition and the counter statement o…