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28. Though the plaintiffs have now admitted they are only asserting rights over the mark DISPOSAFE and not on DISPO formative marks but it is again contrary to their conduct before the Trade Marks Registry where they have filed applications for registration of DISPO formative marks such as DISPOSAFE (No. 2569950); (No. 2569923); DISPOCAN (No. 2569927); DISPOFLEX (No. 2569930), DISPOFLON (No. 2569926); DISPON (No. 2569928); DISPOWAY (No. 3933703) and DISPONEO (No. 2569929). The aforesaid establishes they are also attempting to secure rights over DISPO formative marks.
29. The plaintiffs are relying on third party applications filed with the Trade Marks Registry for registration of DISPO formative marks, however, have failed to adduce any documents showing such marks are in use and whereas on the other hand the defendant has taken actions such as addressing cease & desist notices against entities found to be using DISPO formative marks or filed opposition proceedings against DISPO formative applications, as and when it has come to its knowledge.

26. Hindustan argues that the trademark Dispovan is its extremely valuable asset and is well-known world over for the products it represents. Hindustan has used the mark/artwork DISPOVAN, trade mark DISPOCANN and other DISPO formative marks in respect of its products ever since its adoption and the said marks/artwork are exclusively associated with it and none else. It has extensive presence in terms of geographical spread in several countries around the world and is well recognized in the industry for its business/goods/services under the trademark/artwork Dispovan, Dispocann and other Dispo formative marks. The trade marks/artwork DISPOVAN, DISPOCANN and other DISPO formative marks represent important proprietary rights of the Respondent.

27. Hindustan submits that the trademarks/artwork DISPOVAN, DISPOCANN and other DISPO formative marks are representative of the products, brand identity, business reputation and public identification throughout the globe including in India. The Respondent has invested years of time, capital, effort and resources and attained immense goodwill and reputation in the said trademarks. As a result, a secondary meaning stands attached in respect of the distinctive trade marks/artwork Dispovan, DISPOCANN and other DISPO formative marks and the same are exclusively associated by members of the trade and public with it and its products.