JUDGMENT

Vibhu Bakhru, J. (Oral)

1. The appellant has filed the present appeal impugning an order dated 18.11.2023 (hereafter `the impugned order') passed by the learned Commercial Court in CS (Comm) No. 3752/2021 captioned Rajesh Kejriwal v. M/s. V.R. Industries Private Limited & Anr..

2. By the impugned order the learned Commercial Court had allowed the respondent's application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereafter `the CPC') and had restrained the appellant (arrayed as defendant in the suit) or its authorized agents from infringing/using the trademark "GOLDEN GATE" or any other trademark/label/name identical with or deceptively similar to the said trademark.

3. The respondent claims that it is carrying on business under the trading name of M/s Chemical Centre (India) at 139-Tilak Bazar, Khari Boali, Delhi-110006. The respondent claims that it deals in imports, processing and trading in various goods including industrial chemicals for use in the Food Industry, Sugar Industry, Paper Industry, Textile Industry and for preserving food stuffs and artificial resins. In addition, respondent also claims it deals in dry fruits, spices, essences and flavours, baking products, tea, yeast, sugar, confectionery, food grains, sauces, preserved, dried and cooked fruits and vegetables, jellies, jams, fruit sauces, milk and dairy products since inception.

4. It was the respondent's case that it has been using trademark "GOLDEN GATE" since 01.01.2006. It had applied for registration of the trademark in the year 2007 under Classes 1, 29 and 30. The said registration was granted and there is no dispute that the trademark "GOLDEN GATE" is registered in favour of the respondent. The details of the said registrations are as under:

Registration No.ClassGoods155707201Chemicals used in Industry, Food Industry, Sugar Industry, Paper Industry, Textile Industry, Artificial Resins and for preserving Food Stuffs Industry155707330All kinds of spices, salt and pepper, essences and flavours, baking products, tea, yeast, sugar, confectionery, pulses, food gram, sauces, vinegar.155901129Meat, Fish, Poultry and Game, Meat Extract, preserved, dried and cooked fruits and vegetables, jellies, jams, fruit sauces, eggs, Milk and other dairy products, edible oils and fats, Preserves, pickles, non-vegetarian preparations and other items falling in Class 29.

5. The appellant also adopted the trademark "GOLDEN GATE" and claims it has been using the same since the year 2009. The appellant is engaged in the business of food products such as Cornflakes, Chocolate Cereals, Muesli, Nutrition Bars, Oats, Premium Nuts and Snacks comprising of Roasted and Masala Peanuts, Almonds, Cashew Nuts, Chana etc. The appellant also claims that it is dealing in items such as Detergent Powder, Detergent Cake, Floor Cleaner, Liquid Dish Wash, Toilet Cleaner, etc.

6. The appellant claims that it had applied for the registration of the trademark "GOLDEN GATE" as well as device mark in the year 2009 and thereafter. The first application was filed on 05.01.2009 on a `proposed to be used' basis. A tabular statement indicating the applications made by the appellant for registration of the trademark "GOLDEN GATE" is set out below:

TrademarkApplication No. and Date of FilingClassGoodsSTATUSGOLDEN GATE1771003 dated 05.01.200929
30Nuts, almonds, cashew nuts, walnuts, peanuts raisins, pistachio, dry fruits, protein bars.
Breakfast cereals, chocolates, cereal based snack food, cereal bars, snack bars containing grains.Opposed
GOLDEN GATE1807096 dated 15.04.200932Mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.OpposedGOLDEN GATE CHOCOCHAMP1837302 dated 07.07.200930Corn flakes and breakfast cerealsOpposedGOLDEN GATES2142928 dated 11.05.201129Chickpeas; cuminseeds flavoured chickpeas; asafoetida flavoured chickpeas; chana; jeera flavoured chana: hing flavoured chanaOpposed2142929 da

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