The importance of the colour scheme and getup of the container in the marketing of goods, and the need for the Registrar to classify goods and services in accordance with the international classification of goods and services.

M. SUNDAR, J.

1. This common order will dispose of aforementioned four applications.

2. In the main suit i.e., C.S.No.511 of 2018, there are two plaintiffs and a lone defendant. Plaintiffs 1, 2 in the main suit are Applicants 1, 2 respectively in O.A.Nos.705, 706 of 2018 and they are Respondents 1, 2 respectively in A.Nos.7190, 7191 of 2018. Sole defendant is the sole respondent in O.A.Nos.705, 706 of 2018 and Applicant in A.Nos.7190, 7191 of 2018.

3. In this common order in these four applications, parties shall be referred to by their respective ranks in the main suit for the sake of convenience and clarity.

4. O.A.Nos.705 of 2018, 706 of 2018 have been taken out by the plaintiffs with prayers for interim injunctions qua infringement and passing off respectively. Ex parte interim injunctions were granted on 30.07.2018. A.Nos.7190, 7191 of 2018 have been taken out by the sole defendant for vacating interim orders in O.A.Nos.705 and 706 of 2018 respectively.

5. In short, two interlocutory applications taken out by the plaintiffs in which interim orders were granted (which are operating) and two vacate injunction applications taken out by the sole defendant for vacating the aforesaid interim injunctions shall stand disposed of by this common order.

6. Plaintiffs have filed the main suit under Sections 27(2), 29, 134 , 135 of the Trademarks Act, 1999 (hereinafter referred to as "TM Act" for brevity) complaining of infringement and passing off. There are also prayers for surrender of offending material, accounts, costs and the usual residuary limb in the prayer paragraph.

7. Nucleus of this suit is one of plaintiffs' registered Trademark being Trademark No.1318495 in Class 30 of the relevant schedule under the TM Rules. Date of Registration is 01.11.2004. Registration has been renewed on 01.11.2014 and is valid upto 01.11.2024. In other words, registration is subsisting. Legal Use Certificate ('LUC' for brevity) regarding this Trademark Registration has been produced by the plaintiffs. LUC is dated 21.03.2006 and the Certificate Number is 523358. LUC reveals that plaintiffs are using the registered trademark from 10.05.2002. LUC also reveals that the trademark type is 'DEVICE' and that the word mark is 'Aachi MASALA' (LABEL). Goods and descriptions as contained in the LUC is 'Kulambu Chilli Powder'. The device / label as in the LUC is as follows:

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8. The aforesaid trademark being TM No.1318495, details of which are set out supra and which has been described as the nucleus of this suit, shall hereinafter be referred to as 'suit TM' for the sake of convenience and clarity. To be noted, according to LUC, suit TM stands in the name of the first plaintiff and it is plaintiffs' case that second plaintiff, which is a company, is a licensee under the first plaintiff qua suit TM. Considering that we are dealing with interlocutory applications, it may not be necessary to delve further into these aspects of the matter.

9. It is plaintiffs' case that besides a wide array of goods and a large volume of turn over, plaintiffs are manufacturing and selling Kulambu Chilli Powder. According to plaintiffs, some time in June 2018, they came to know that the defendant is also selling Kulambu Chilli Powder in deceptively similar sachets/ pouches. According to plaintiff, this is a clear case of infringement and passing off qua suit TM.

10. Before I proceed further, it is necessary to scan and reproduce the sachet/pouch which is being used by the defendant. The same is as follows:

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11. There is no dispute or disagreement before me regarding registration of suit TM in favour of plaintiffs and use of the aforementioned alleged offending sachet/pouch by the defendant. Therefore, the scope of these interlocutory applications get substantially narrowed down.

12. Before I proceed to examine rival submissions, it is necessary to notice some dates. As