1. The applicant/plaintiff - M/s Banana Brand Private Limited is a private limited company (registered) engaged in the business of Advertising, Building Brand Strategies, Brand Identity, Digital Marketing, Social Media Marketing, Web Branding, Creative Design, Retail Design, Environmental Graphic Design, Photography, Video Production and other allied services.

2. The applicant has adopted a fanciful and arbitrary mark “BANANA”. At the time of its adoption, there was no other mark in the field of operation of the applicant. This mark is used in the service, which has got no connection with banana fruit. Thus, there is no direct or remote connection to the nature of quality of goods. It has registered its logo “BANANA” as a series mark under Classes 35 and 42. The said exercise has been done through multiple applications under Section 15(3) of the Trade Marks Act, 1999. It started using “BANANA” and its logo from the year 2007 onwards. For such service rendered, it bagged various awards and accolades. It acquires permanent clients, such as, Hyatt, Michelin, VBJ, TVS, Sun TV, Daimler, Pricol, Medimix, Chaitanya, Amrutanjan, etc. It also maintains websites to cater to the need