1. Sole plaintiff in the main suit, i.e., S.N.R. Dhall Mill, a partnership firm, is the lone applicant in this application. Sole defendant in the main suit, i.e., a private limited company, is the lone respondent herein.

2. Parties in this application are referred to by their respective ranks in the main suit for the sake of convenience and clarity. In other words, the applicant in this application is referred to as plaintiff and respondent in this application is referred to as defendant.

3. The nucleus of this entire lis is plaintiff's registered trademark bearing Trademark No.1232740, dated 05.09.2003 registered in class 30. The goods for which this trade mark No.1232740 is registered are Toor Dhall, Dhall varieties, coffee, tea, cocoa, sugar, rice, tapiocak, sago, coffee substitutes, flour and preparations made from cereals, bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinergar, sauces, spices and ice. The trademark as contained in the trademark registration certificate is as follows :

This mark is hereinafter referred to as 'said trademark' for the sake of convenience and clarity. A legal use certificate (hereinafter referred to as 'LUC' for brevity) for the said trademark has been placed before me. It is seen from the LUC for the said trademark that trademark type is device and the word mark is GOLD WINNER (LABEL).

4. It is also seen from the LUC that registration of said trademark has been renewed and is valid upto 05.09.2023. In other words, it is subsisting.

5. The defendant has as many as 13 trademark registrations in India and enumeration of same with details is as follows:

Mark	App#	Class	Dated	Status
Gold Winner	605323	29	27.08.1993	Registered
Gold Winner Groundnut oil label	1073117	29	11.01.2002	Registered
Gold Winner Groundnut oil label	1073118	29	11.01.2002	Registered
Gold Winner label	1147963	29	01.11.2002	Registered
Gold Winner label	1208513	29	23.06.2003	Registered
Gold Winner label	1208514	29	23.06.2003	Registered
Gold Winner label	1399086	29	16.11.2005	Registered
Gold Winner	2320408	29	23.04.2012	Registered
Gold Winner logo	2320409	29	23.04.2012	Registered
Gold Winner label	2320410	29	23.04.2012	Registered
Gold Winner Sree Gold label	1399085	30	16.11.2005	Registered
Gold Winner Sree Gold label	1399087	30	16.11.2005	Registered
Gold Winner Sree Gold label	1399088	30	16.11.2005	Registered

6. The Trade Marks Act, 1999 is hereinafter referred to as 'TM Act' and the Trade Marks Rules, 2002 is hereinafter referred to as 'TM Rules, 2002'. To be noted, enumeration of goods in various classes has been made in Fourth Schedule to TM Rules, 2002.

7. In this regard, before proceeding further with this matter, I deem it appropriate to mention here some details pertaining to the aforesaid Fourth Schedule. As mentioned supra, various classes in which goods and services are classified are adumbrated and set out in the Fourth Schedule to TM Rules 2002. However, I find that the aforesaid Fourth Schedule was deleted with effect from 8.7.2013. Be that as it may, in supersession of TM Rules 2002, Trade Mark Rules 2017 (hereinafter referred to as 'TM Rules 2017) was brought in and TM Rules 2017 replaced TM Rules 2002 on and with effect from 6.3.2017. Further to be noted, there is no equivalent of Fourth Schedule in TM Rules 2017. In other words, in TM Rules 2017, classification of goods and services under various classes has not been set out. However, Rule 20 of TM Rules 2017 captioned 'Classification of goods and service' deals with this aspect of the matter. I deem it appropriate to extract Rule 20 of TM Rules 2017, which reads as follows :

“20. Classification of goods and service- (1) Classification of goods and service for the purpose of registration