ORDER

Appellant-plaintiff has preferred this Civil Misc. Appeal under Section 104 read with Order 43 Rule 1(r) CPC challenging the order dated 20.03.2021 passed by the Additional District Judge No.3, Jaipur Metropolitan-I, Jaipur, dismissing the application for temporary injunction filed by the plaintiff as well as counter application for temporary injunction filed by the respondent-defendant vide common order.

2. Heard learned counsel for both parties and perused the material available on record.

3. It appears from the record that the appellant plaintiff is in use of a trademark “Ornate Jewels” in respect of Gold, Diamond, Precious and Semi Precious Jewelry and got this trademark with logo registered in Class 35 before the Registrar of Trademark on 11.09.2020. The plaintiff claims the use of this trademark since 01.02.2012. The respondent-defendant is also using the trademark “Ornate Jewels”, but with a altogether different logo in the same field and the trademark of respondent-defendant is also registered before the Registrar of Trademark since 10.05.2016, in Class 14. Both the parties having their trademark and logo registered claimed temporary injunction against each other for