V.K. JAIN, J.

1. The plaintiff before this Court is engaged in the business of manufacturing and sale of boots, shoes and slippers, which he is selling under the trademark “KHAZANA”. The plaintiff claimed to be using the aforesaid mark since 1.1.1990 and also claims that his products are well known for their intrinsic quality and enjoy tremendous goodwill and reputation in the market. The plaintiff is also the proprietor of the registered trademark KHAZANA, registered vide registration number 1070231 in Class: 25 in respect of boots, shoes and slippers.

The defendants applied for trademarks “Khadim”s Sriman KHAZANA (label), “Khadim”s Girls KHAZANA”(label), “Khadim”s Srimati KHAZANA”(label) and “Khadim”s Boy KHAZANA”(label) under applications numbers 1312611, 1312619, 1312623 and 1312621 respectively in class 25 for clothing, footwear and headgear which were opposed by the plaintiff. The defendants, while seeking registration of the above referred marks, claimed user since 18.09.2004, whereas the plaintiff has been using the mark KHAZANA since 1.1.1990. The defendants filed two other applications bearing number 1365971 and 1365977 for registration of the trademark Khadi