B. AKBAR BASHA KHADIRI, J.

Both the applications have arisen in this way.

The application in Orl. Application No. 1 (144 of 1998) is engaged in manufacturing and marketing of biscuits and sweets. The applicant is the registered proprietor of the trade mark GLUCO in respect of biscuits. The trade mark GLUCO was conceived about fifty years ago and was registered on 10-2-1949 under the Trade and Merchandise Marks Act, bearing No. 137633. Due to continuous and exclusive usage the trade mark GLUCO has become distinctive and exclusively identified with the applicant's biscuits. The applicant's turnover exceeds several crores of rupees and the applicant had been spending huge amounts on advertisements. Recently, the applicant came to know that the respondent is selling biscuits under the mark GLUCOGOLD. The two words 'GLUCO' and 'GOLD' combined together to form another word

"GLUCOGOLD', which does not have any meaning. This is an attempt by the respondent to indirectly infringe the statutory restrain upon it. When public see the trade mark GLUCOGOLD, they would tend to think that the said product is also that of the applicant. The respondent is deliberately adopting the word 'GL