A.K.SIKRI
SHANTABEN KARASANBHAI PATEL – Appellant
Versus
S. C. JAIN – Respondent
( 1 ) THIS Suit has been filed by the plaintiffs seeking a decree for permanent in Junction against the defendants in respect of the plaintiffs trade mark "nirma". Plaintiffs 1 and 2 are the trustees of Shri s. K. Patel Family Trust trading under the name and style of M/s. Nirma Chemical Works Limited. Plaintiff no. 4. namely, Nirma Chemical Works Limited is an incorporated company under the Indian Companies Act which is engaged in the business of manufacturing and marketing washing powder, salt, match boxes, etc. for the last so many years. They are carrying on their business under the trademark "nirma which according to them is an invented word and is in use by the plaintiffs since 1969. They also get tradamark nirma registered under the Trade and Merchandise Marks Act. 1958 in respect of various goods in IVth Schedule of classification of goods as prescribed under the Trade and Merchandise Marks Rules, 1959. The trademark NIRMA is registered under Class III in various forms. According to them, the trademark NIRMA has over the years acquired tremendous reputation among general public and has been exclusively used and advertised for a long time as a result of extens
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