MINI PUSHKARNA, J (ORAL)

1. The present suit has been filed seeking removal/rectification of the trademark ANDAAZ-E-NIZAAM , registered in the name of respondent no.1 in Class-43, being deceptively similar and identical to the trademark of the petitioner, i.e., NIZAM’S.

2. It is submitted that the petitioner is the proprietor of the trademark NIZAM’S vide Registration No. 2164405 in Class-43, with user claim since 1^st January, 1978, in respect of providing food and drink, temporary Accommodation included in Class-43.

3. The table showing the registered trademarks in favour of the petitioner, is reproduced as under:

4. As per the petitioner, the petitioner had adopted the trademark NIZAM’S for its various goods and services in the year 1978, and under the said trademark, the petitioner is maintaining its trade identity and its products are sold in the market, under the same name. The trademark NIZAM’S has been used openly, continuously and extensively by the petitioner since the year 1978, and has become distinctive to the goods, services and products, as well as being associated exclusively, with the petitioner and no one else.

5. Learned counsel for the petitioner submits that trademar