JUDGMENT

Amit Bansal, J. (Oral)

I.A. 20992/2022 (O-XXXIX R-1 & 2 of CPC)

1. By way of the present judgment, I shall decide the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).

2. Briefly, the case set up in the plaint is that the plaintiff is engaged in the business of manufacturing, marketing and sale of kitchen home appliances, including `pressure cooker' and `gas stoves., both electric and non-electric, non-stick cookware, induction cook-tops, mixer grinders, chimneys etc., under the brand/trade mark `PRESTIGE. since 1955, which is a house mark of the plaintiff. All the plaintiff's products are sold under its house mark `PRESTIGE..

3. Plaintiff also has several registrations of the trademark `PRESTIGE. in various Classes, details of which are given in paragraph 7 of the plaint. The earliest registration of the trademark `PRESTIGE. (word per se) in Classes 8 and 21 dates back to 14th December, 1949. The trademark `PRESTIGE. (word per se) was registered in favour of the plaintiff in Class 11 on 16th June, 1981 in respect of `installations for cooking' on a `proposed to be used basis'. Subsequently, the tradem