JUDGMENT :

1. Heard.

2. ADMIT.

3. This is an appeal from order of the District Judge-7, Nagpur dismissing the application below Exh.5 filed by appellants restraining respondent from using and selling their goods “Ontime Bidi” on the identical and deceptively similar brand name of appellants.

4. The appellants are Bidi manufacturers and proprietors of Trade Mark “Online” registered under the Trade Marks Act, 1999. The appellants have been manufacturing Bidi since 2005, and one of the marks used by the appellants is "Online Bidi". On 31.08.2017, the appellants applied for registration of the aforesaid Trade Mark under the Trade Marks Act, 1999. On 04.01.2020, the Registrar of the Trade Mark registered the Trade Mark "Online Bidi" after conducting the statutory enquiry.

5. Respondent is also a manufacturer of Bidi and started using Trade Mark "Ontime" on its wrapper with an identical colour scheme as that of the appellants. On 09.06.2021, appellants filed Trade Mark Suit No.5/2021 in the Court of District Judge, Nagpur. Along with the said suit, appellants applied under Order 39 Rule 1 and 2 of the Code of Civil Procedure, seeking a temporary injunction against the respondent, his agents,