JUDGMENT :

PANKAJ JAIN, J.

1. Defendants are in revision aggrieved of order dated 14.09.2023 (Annexure P-11) whereby Trial Court framed additional issue regarding validity of Trade Mark, but dismissed the application filed by the petitioner under Section 124 of the Trade Marks Act, 1999 (hereinafter referred to as '1999 Act') praying for grant of time to approach appropriate forum.

2. Plaintiff filed suit claiming ownership over registered Trade Mark 'ROOP MANTRA' and claimed infringement of its Trade Mark by the defendants and also alleged passing off.

3. As per the plaint, plaintiff is a company incorporated under Indian Companies Act and is engaged in the business of manufacturing and selling medicinal & pharmaceutical preparations, cosmetics and other allied goods. Plaintiff claims to be a registered proprietor of trade mark ‘MANTRA’ under Registration No.1867357, dated 25.09.2009 in respect of medicines under 1999 Act. Plaintiff claims of having applied for registration of the said ‘MANTRA’ formative trade mark for various other products and claims that by virtue of prior, long, continuous, extensive and exclusive use, the mark has become distinctive with their products. As per the plaintiff, trade mark ‘MANTRA’ and ‘MANTRA’ formative marks have become well recognized trade marks in respect of the goods owing to excellent quality produced by them. Plaintiff thus claims sole and exclusive proprietary rights over the same.

3.1. Plaintiff alleges that in the month of 2014, they came across the trade mark applications filed by the defendant for registration of trade marks ‘MEMORY MANTRA’ and ‘KESH MANTRA’. The plaintiff immediately filed opposition to the registration of the said trade mark applications. The applications were filed by defendant No.1 as 'proposed to be used' on their respective date of applications without launching any goods in market. However, in the month of November, 2017, the plaintiff came to know that defendant has started selling infringing goods by user ‘MANTRA’. The Plaintiff accordingly filed plaint praying for following relief(s):

"a) Pass a decree for permanent injunction restraining the defendants by themselves, their proprietor/dealers, partners/assigns-in-business, distributors, agents and all other persons acting for and on their behalf from manufacturing, selling, offering for sale or otherwise dealing in 'Medicines including Ayurvedic, herbal & pharmaceutical, preparations, dietetic substances adapted for medical use, cosmetics, soaps, perfumery, essential oils, cosmetics, hair lotions' & other similar/allied & cognate/associated goods under the infringing trademark "ROOPMANTRA" either as a standalone mark and/or with some prefix/suffix/mark/label, said infringing "MANTRA" suffixed/formative marks namely "MEMORY MANTRA", "FACE MANTRA", "KESH MANTRA NAARI MANTRA", "FAIRMANTRA", "PAACHAN MANTRA", "SHAPE MANTRA", "ORTHO MANTRA", "COUGH MANTRA", "NETRA MANTRA", "DANT MANTRA", "MUSCLE MANTRA", "EYE MANTRA", "MADHU MANTRA", "MASS MANTRA", "PAIN MANTRA", "SWEET MANTRA", "SAUNDARYA KA AYURVEDIC MANTRA", "SMILE MANTRA", "PACHAN MANTRA", "COW MANTRA", "AROGYA MANTRA", MANTRA", "FRAGRANCE "LIVOMANTRA", "DR.JUNEJA'S ROOP MANTRA" and I or from using any other similar/deceptively similar trade mark thereto in respect of identical/similar/allied cognate/associated goods, which may constitute infringement of registered trade mark "MANTRA" of the plaintiff under registration no. 1867357 in any manner.

b) Pass a decree for permanent injunction restraining the defendants by themselves, their proprietor/ dealers, partners/ assigns-in-business, distributors, agents and all other persons acting for and on their behalf from manufacturing, selling, offering for sale or otherwise dealing in 'Medicines including Ayurvedic, herbal & pharmaceutical preparations, dietetic substances adapted formedical use, cosmetics, soaps, perfumery, essential oils, cosmetics, hair lotions' & other similar/allied & cognate associated goods un