The court upheld the protection of registered trademarks and granted an injunction against the defendants for infringement.

GITA MITTAL, J.

CM No. 9695/2018 (for exemption)

Allowed subject to just exceptions. This application is disposed of.

CM No. 9697/2018 (for condonation of delay of 1140 days in filing the appeal)

1. By way of this appeal, the appellant has assailed an order dated 24th November, 2014 passed by the learned Single Judge in CS(OS) No. 1789/2013 Citi Group Inc.& Anr. v. Citicorp Business & Financial Services Pvt. Ltd., a suit filed by the present respondent against the appellant/defendant complaining of infringement of its registered trademarks/name Citi and Citi Group by the appellants as well as passing off and unfair trade competition.

2. By a separate order passed today, we have dismissed FAO(OS) 42/2018, which laid a challenge to order dated 9th January, 2018 in the aforesaid suit, as being not maintainable in view of the bar prescribed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

3. Premised on the assertions in the suit, the respondent had made a prayer for grant of permanent prohibitory injunction as well as damages. The respondent claimed to be registered proprietors of the marks as follows:

Trade Mark CITI	Registration No. 1237079	Registration Date 16/09/2003 User Claim: 30/01/1979	Class/Classes 35,36,42
Services Class 35: Advertising, business management, business administration, office functions Class 36: Insurance; financial affairs; monetary affairs; real estate affairs Class 42: Scientific and technological services and research and design related thereto; industrial analysis and research services; design and development of computer hardware and software; legal services
CITI	1642935	18/01/2008	9
Goods: Scientific, nautical, severing and electric, photographic, cinematographic, optical weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments apparatus for transmission for reproduction of sound of images images magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus cash registers, calculating machines, data processing equipment and computer, fire extinguishing apparatus.
CITICORP	1237075	16/09/2003 User Claim: 31/12/1972	36,42,35
Services Class 35: Advertising, business management, business administration, office functions included in class 35. Class 36: Insurance; financial affairs; monetary affairs; real estate affairs included in class 36. Class 42: Scientific and technological services and research and design related thereto; industrial analysis and research services; design and development of computer hardware and software; legal services
CITICORP (word)	303697	14/03/75	16
Goods: Paper & paper articles; printed matter, newspapers and periodicals, books, cheques and travellers cheques

      4. The word Citi Corp was registered in Class 16 as back as on 14th March, 1975.

5. The respondent had claimed use of the Citi Corp mark since 31st December, 1972 and registration from 16th December, 2003. Detailed assertions with regard to the extensive business being carried on by the plaintiff/respondents and the reputation attached to these trademarks was asserted in the plaint.

6. The learned Single Judge has noted the factum of registration of the trademarks Citi and Citi Corp in favour of the respondents/plaintiffs herein. It is also noted that the plaintiff had spent hundreds and millions of dollars marketing its permanent print which included Citi Bank and Citigroup amongst others, every year. Details of the Advertising and Marketing Budget for the global consumer groups for the years 1998-2011 have been provided in the plaint.

7. So far as the presence