1. “M/s. Duro Flex Pvt. Ltd.”, the appellant, is a company incorporated and registered as a private limited company under the Companies Act, 1956 and stated to be engaged in the business of manufacturing and marketing Rubberised Coir Products such as Mattresses, Pillows, Cushioning materials and Air Filters since 01.10.1981 under the brand name “DUROFLEX”. It is the case of the appellant that initially the business was carried on under the name of “M/s. Duroflex Coir Industries Private Limited”, but that name was changed on 08.03.1996 to “M/s. Duroflex Limited” and thereafter on 29.09.2001 to the present entity.

2. The appellant applied for registration vide Application No.401231 dated 01.02.1993 of its Trade Mark “DUROFLEX” adopted from 01.10.1981, such application having been preferred before the Deputy Registrar of Trade Marks, Madras, in Class-20 for goods, rubberised coir products - Mattresses, Pillows, Cushioning materials and Air Filters. The trade mark was registered on 10.02.1983. The appellant claims large sales throughout the country under the said Trade Mark. The Trade Mark is stated to have been published in the Trade Mark Journal dated 16.08.1987 and on registr