JUDGMENT

I.A. 6811/2021 (Order XXXIX Rules 1 and 2 of CPC)

1. The plaintiff Khadi & Village Industries Commission (KVIC) has, by the present suit, alleged that the defendant Khadi Design Council of India (KDCI) is not entitled to use the word KHADI as any part of any word or device mark for any purpose whatsoever, as KHADI, both as a word mark as well as part of various device marks, stands registered in the plaintiff's favour under the Trade Marks Act, 1999.

2. The plaintiff is the registered proprietor of

(i) the word mark KHADI

(a) in Classes 1, 2, 4, 5, 6, 7, 8, 14, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 32, 34, 35, 38 and 42 with effect from 27th November 2014, claiming user since 25th September 1956, and

(b) in Class 22 with effect from 28th November 2014 claiming user since 4th October 2014

(ii) the device mark [IMG] in Classes 1, 2, 3,4, 5, 6, 7, 8, 14, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 32, 34, 35, 38 and 42 with effect from 19th June 2018, claiming user since 25th September 1956,

(iii) the device mark [IMG]

(a) in Classes 1, 2, 3, 4, 5, 6, 7, 8, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38 and 42 with