1. By this Notice of Motion the plaintiff has prayed for an order and injunction restraining the defendants from infringing the plaintiff's trade mark "ONCO BCG" bearing registration number 1481471 in class 05, by use of the impugned trade mark "BCG ONCO" with or without the addition of letters "BP" or any other trade mark deceptively similar to the plaintiff's registered trade mark "ONCO BCG" in respect of medicinal and pharmaceutical preparations or in any other manner whatsoever and to further restrain the defendants from passing off their medicinal and pharmaceutical preparations as those of the plaintiff.

2. The plaintiff is a company registered under the Companies Act, 1956 carrying on business inter alia as manufacturer of and trader in pharmaceutical and medicinal preparations. The defendant no.1 is a Private Limited company also carrying on the business as manufacturer of medicinal and pharmaceutical preparations. Defendant no.2 is a limited company registered under the Companies Act, 1956 and carries on the business inter alia of marketing and distributing the medicinal and pharmaceutical preparations for and on behalf of defendant no.1.

3. According to the pla