1. The petitioner No.1 is a registered partnership firm carrying on business under the trade name “Shambhu Nath and Brothers” since 1986. The petitioner No.1 was engaged in the business of manufacturing and marketing electrical fans of all kinds including ceiling fans, table fans, pedestal fans and exhaust fans. In order to distinguish the goods manufactured and marketed by the petitioners, in or about 1987, the petitioners adopted the trademark “TOOFAN” written in a stylised manner with a gap at the top of the two “o’s” in the word and the letter “F” written in capital which is represented as “tooFAN”. The said mark is written in a rectangular box with the sides curved and the word “TOOFAN” forming only the distinctive and/or prominent feature in the said mark taken as a whole. The said mark “TOOFAN” and the stylised manner of representation of the mark both have become distinctive of the product of the petitioners and no one else.

2. The petitioners had and have been carrying on manufacturing and marketing the said goods under the said trademark “TOOFAN” written in a particular artistic get up continuously and extensively. The trademark “TOOFAN” is printed on the product