RAJIV SAHAI ENDLAW, J.

1. Though the plaintiff has instituted the suit for permanent injunction restraining infringement of trade mark THEOBID in relation to medicinal and pharmaceutical preparation and passing of by using the trade mark THEOBID-D, also in relation to medicinal preparations, the counsel for the plaintiff for interim relief has argued only on the basis of infringement of registered trade mark and not on the basis of passing of.

2. The first question to be decided therefore is whether, prima facie, the plaintiff is the registered proprietor of the trade mark and entitled to maintain an action for infringement. The question has arisen because the trade mark is stated to be registered in the name of M/s Natco Fine Pharmaceuticals Private Limited vide registration No. 440830 dated 26th July, 1985 and valid till 26th July, 2016; that the said trade mark was assigned to the plaintiff alongwith its goodwill vide deed of assignment dated 31st October, 1998. The plaintiff claims to have applied in Form TM 24 dated 25th July, 2000 to the Registrar of Trade Marks for entering the name of the plaintiff as the subsequent proprietor of the said trade mark.

Section 45 of

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