1. This is a suit complaining of infringement of a registered trade mark and passing off.

2. The nucleus of this suit is a registered trademark. The registered trademark is 'WOODS'. To be noted, this is a word mark. This word mark 'WOODS' has been registered vide Trademark No.432777 and its Proprietor is N. Rangarao and Sons Private Limited, which is the plaintiff company in this suit. The date of registration is 24.01.1985. The registration has been renewed from time to time and last such renewal was on 24.1.2016. This registration is valid upto 24.01.2026. In other words, the registration of the registered trademark, i.e., the word mark 'WOODS' is subsisting as of today. To be noted, the registration is in Class 3 and the goods are Agarbathies and Dhoop (Incense). This registered trademark, i.e., Trademark No.432777, the details of which have been set out herein, is hereinafter referred to as 'said trademark' for the sake of brevity, convenience and clarity.

3. As would be evident from the details of the registration set out supra, the said trademark pertains to Agarbathies and Dhoop (Incense). The said trademark is being used by the plaintiff for the aforesaid product. The complaint in this suit by plaintiff is that a similar and deceptive trademark 'WOOD' is being used by the sole defendant, for the same product, i.e., Agarbathies and Dhoop (Incense). In this background, I deem it appropriate to refer to the product as 'Incense sticks' for the sake of convenience and clarity.

4. At the risk of repetition, for the sake of abundant clarity, it is made clear that the nucleus of this suit is the 'said trademark' and product which is the epicentre of this suit is 'Incense sticks'.

5. The plaintiff was originally a partnership firm in the name and style M/s. N. Ranga Rao & Sons. Subsequently, I am informed that all partners of this firm formed a company in the name and style 'N. Ranga Rao & Sons Private Limited' and I am also informed that the said company was incorporated on 23.12.2014. To be noted, as mentioned supra, N. Ranga Rao & Sons Private Limited is the plaintiff herein. Post incorporation of plaintiff company on 23.12.2014 as aforesaid, I am informed that there was a business succession agreement dated 18.3.2015, wherein and whereby the business of the aforesaid firm, i.e., M/s. N. Ranga Rao & Sons was transferred to the plaintiff company. The transfer of business, to be noted, includes transfer of all rights in the said trademark. Further to be noted, even as per the certificate of registration for the said trademark, the Proprietor is plaintiff company.

6. It is submitted by Mr. S. Diwahar, learned counsel for plaintiff that post business succession certificate as aforesaid, change of proprietor's name was also incorporated and recorded in the trademark registration certificate for the said trademark.

7. The suit file placed before me reveals that the sole defendant was duly served and thereafter set ex pate on 10.07.2017.

8. The plaintiff company has averred that they have spent considerable amount of money and have put in enormous effort for promotion of their incense sticks bearing said trademark. It is also the further case of the plaintiff that there has been huge demand for their incense sticks bearing said trademark. The plaint is predicated on the basis that somewhere in the middle of January 2000, the plaintiff company came to know that defendant had commenced using an identical trademark, i.e., 'WOOD' for incense sticks manufactured by defendant. Therefore, this mark, i.e., 'WOOD' used by defendant from January 2000 for incense sticks is hereinafter referred to as 'offending mark' for the sake of convenience and clarity.

9. It is the specific case of the plaintiff that they have registration for the word mark and therefore, the use of similar and highly deceptive offending mark for the same product is a clear case of infringement. It is the further case of the plaintiff as articulated by learned counsel f