JUDGMENT :

N.M. Jamdar, J.

1. The subject matter of this Appeal is the trademark 'Covishield'. Both, the Appellant-Cutis Biotech and the Respondent-Serum Institute of India Pvt. Ltd. have applied for registering this trademark, and their applications are pending. Cutis Biotech filed a suit against Serum Institute in the Commercial Court at Pune. In this suit, Cutis Biotech sought an interim injunction to restrain Serum Institute from using the trademark 'Covishield' and maintain the accounts regarding the sale. The learned District Judge/Commercial Court rejected the interim application. Hence Cutis Biotech is before us with this Appeal under section 13 of the Commercial Courts Act, 2015.

2. We have heard Mr. Abhinav Chandrachud and Mr. Aditya Soni, learned Advocates for the Appellant-Cutis Biotech and Dr. Birendra Saraf, learned Senior Advocate for the Respondent-Serum Institute.

3. Neither Cutis Biotech nor Serum Institute have a registration for the trademark- 'Covishield'. Sub Section (1) of Section 27 of the Trade Marks Act, 1999 mandates that no person shall be entitled to institute any proceeding to prevent or recover damages for the infringement of an unregistered trademark. Ho