1. This order shall dispose of IA. No. 11702/2007 filed under Section 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 on behalf of the plaintiff as well as IA. No. 12433/2007 which has been filed on behalf of the defendant No.2 under Order 39 Rule 4 CPC. The question involved in the present suit is with regard to the use of the mark MICO in relation to petroleum products including oils, greases and lubricants for automotive vehicles and automobiles, including engine oils, gear oils, tractor oils, 2T oils, transmission and hydraulic fluids and coolants.

2. On 09.10.2007, when the suit had come up for admission and the plaintiffs application for ex parte injunction was taken up by this court, it was contended by the learned counsel for the plaintiff that the mark MICO has been used by the plaintiff since 1960 in respect of the said petroleum products and that the same stands registered in the plaintiffs name as of 12.02.1985. The plaintiff has two registrations – one in respect of the trade mark MICO and the second in respect of the label mark which includes the word MICO. It was also contended by the learned counsel for the plaintiff that the word MICO a