G.C.MITAL, J.

1. Whether BEPLEX and BELPLEX can be said to be phonetically and visually similar and whether the similarity is likely to cause confusion in the minds of the purchasers, is the main point which arises for consideration in this appeal.

2. The Anglo-French Drug Company (hereinafter called the plaintiff) got BEPLEX registered as a trade-mark on 18-5-1945 and since then it has been manufacturing several medicines including Vitamin-B Complex tablets under the trade mark of BEPLEX . Somewhere in the year 1974, M/s. Belco Pharma (hereinafter called the defendant) started manufacturing medicines including Vitamin - B Complex tablets in the name of BELPLEX . When this came to the notice of the plaintiff, they served notice on the defendant not to use BELPLEX on their products as it was phonetically as also visually similar to their registered trademark and was likely to cause confusion in the minds of the purchasers of the plaintiff s products. After exchanging some notices, the present suit was filed on 5-5-1981 to restrain the defendant from using the name BELPLEX on their products. The suit was contested and it was pleaded that there was no similarity in the two nam