The registration of a trademark confers upon the registered proprietor the exclusive right to use the trademark in relation to the goods for which it is registered. The use of an identical or deceptively similar trademark by another person constitutes infringement.

( 1 ) THIS order shall dispose of the applications registered as I. A. Nos. 8609/1994 and 10285/1994 under Order 39 of the Code of Civil Procedure connected with grant of temporary injunctions in favour of the plaintiff and against the defendants seeking to restrain the defendants from infringing and passing-off the trade mark "dimmerstat" of the plaintiff.

( 2 ) THE plaintiff adopted the trade mark "dimmerstat" in relation to variable voltage auto transformers of their manufacture and sale. The plaintiff is stated to have adopted the trade mark "dimmerstat" in the year 1945 and claims to have been using the said trade mark for the last fifty years. In support of the aforesaid contention, the plaintiff has placed on record sales invoices for the period from 1976-1982 and then again from 1985-1994. The plaintiff has also placed on record its advertisement and catalogues, as also the correspondences exchanged inter sc parties. The plaintiff has also placed on record the trade mark certificate which appears at pages 29 and 30 of the plaintiff documents which indicates that the trade mark "dimmerstat" of the plaintiff is registered in part-A under Trade Mark Registration No. 178464 dated 14. 2. 1957 in Class 9 for variable auto transformers.

( 3 ) IT is stated in the plaint that the plaintiff s goods under the trade mark "dimmerstat" has been extensively advertised since 1945 and the same has acquired formidable goodwill and reputation which according to the plaintiff is evident from the sale figures set out in paragraph 3 of the plaint.

( 4 ) THE plaintiff has alleged that the defendants adopted the trade mark "dimmer DOT" in relation to variable voltage auto transformers of their manufacture and sale which is likely to cause confusion or deception amongst the members of the public which is deceptively similar with the trade mark "dimmerstat" of the plaintiff. Accordingly, the present suit was filed by the plaintiff seeking for a decree of permanent injunction restraining the defendants from manufacturing, selling, advertising, directly or indirectly and/or dealing in voltage auto transformers under the impugned trade mark "dimmer DOT" or any other trademark as may be identical to or deceptively similar with the trade mark "dimmerstat" amounting to infringement of the trade mark of the plaintiff as also for a decree of permanent injunction restraining the defendants from passing- off their goods as that of the plaintiff and also for rendition of account of profits etc.

( 5 ) ALONG with the plaint an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure was filed which was registered as I. A. No. 8609/1994 on which an ad interim ex parte injunction was granted by this Court restraining the defendants from selling, offering for sale, advertising or dealing in voltage auto transformers under the trade mark "dimmer DOT" or any other mark which is identical or deceptively similar with the trade mark "dimmer DOT". The said order was passed on 9. 11. 1994. Immediately thereafter, the defendants entered appearance and filed an application registered under Order 39, Rule 4 of the Code of Civil Procedure which was registered as I. A. No. 10285/1994.

( 6 ) MR. Hemant Singh, Counsel appearing for the plaintiff submitted that use of the trade mark "dimmer DOT" by the defendants in relation to variable auto transformers amounts to infringement of the registered trade mark "dimmerstat" of the plaintiff as the registration of the trade mark "dimmerstat" was granted in favour of the plaintiff without any disclaimer to the word "dimmer" and the said registration was done in respect of part-A . He draw my attention to the provisions of Sections 28 and 29 of the Trade and Merchandise Marks Act and on the basis thereof submitted that the provisions of Section 28 (1) of the Trade and Merchandise Marks Act confers right of exclusive use of the registered trade mark and such a user is in respect of the whole of t