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16. In this case, it is an undisputed fact that plaintiff is a registered partnership firm under Partnership Act, 1932 and reconstituted deed of partnership is on 1.4.2014. It is further an undisputed fact that plaintiff has applied for registration of trademark as KAVIRAJ under class 21 in application No.367417 dtd.10.10.1980 for the aluminum kitchenware claiming user date 20.6.1973 and obtained registration on 30.7.1983. It is also undisputed fact that the plaintiff has applied for the trademark KAVIRAJ under class 21 in application No.914969 dtd.31.3.2000 for pressure cookers and pans claiming user date from 30.4.1998 and obtained registration on 31.3.2008. Plaintiff has applied for registration of the trademark KAVIRAJ PLUS under class 21 in application No.914970 for the pressure cookers and pans claiming user date 1.11.1999 and obtained registration on 20.2.2009. Similarly plaintiff has applied for registration of trademark KAVIRAJ FRIENDLY Label under class 21 for household or kitchen utensils and containers etc., claiming user date as proposed to be used and obtained registration on 11.8.2016.

20. Interalia, the defendant had denied the case of the plaintiff and has taken specific contention that plaintiff is not the owner of the trademark KAVIRAJ. Plaintiff claim to be using the trademark KAVIRAJ since 1973, however, plaintiff has not produced any documents to prove the same and what ever bills, invoices and other documents produced by the plaintiff are relating to class 21 of Trademarks Act, and not in respect of mixer grinders which fall under class 7 of Trademarks Act, 1999. Though the plaintiff has filed application No.1990802 in class 7, claiming user since 25.2.2000, but plaintiff is claiming that they are using the trademark for Mixer Grinder since the year 1973 is falsified. It is also contention of the defendant that defendant has been using mark KAVIRAJ since 2002 continuously for mixer grinder and other home appliances. The defendant has extensively sold their products within the city of Bangalore and plaintiff is aware of the use of the trademark KAVIRAJ by the defendant since a long time. Plaintiff is having knowledge but has filed this suit in the year 2017 after lapse of 15 years and plaintiff cannot seek for injunction against the defendant from using the trademark KAVIRAJ for mixer grinders without any basis. Defendant has made application seeking registration of trademark KAVIRAJ for mixer grinder claiming user since the year 2002 in class 7 and the same was opposed by the plaintiff. However, the said Registrar of Trademarks by order dtd.26.9.2017 has rejected the opposition filed by the plaintiff. When the registrar of trademark has dismissed the opposition, now the plaintiff cannot seek for injunction against the defendant and this court does not have jurisdiction for passing off action, since the plaintiff is not the owner of the trademark KAVIRAJ for mixer grinder. Plaintiff has slept over for morethan 15 years and it cannot be said that plaintiff is the prior user of the trademark / copyright in respect of KAVIRAJ etc.

23. It is true in order to substantiate the contention of the plaintiff, the Plaintiff company has produced number of documents. Out of them Ex.P1 is the letter of authorization given to PW1 to give evidence on behalf of the plaintiff company. Ex.P2 is the Reconstitution Deed dtd.1.4.2014 of the partner by name Suresh R Chawla and others, the said document speaks bout the business of the firm manufacture and trading of pressure cookers of all kinds, pressure pans, kitchen accessories or any other business as the parties may decide from time to time. Ex.P3 is the KEB receipt. Ex.P4 & 5 are the KEB bills, but those documents are not disclosing whether those are belongs to the plaintiff company or more particularly for manufacturing of mixer grinder under the name and style KAVIRAJ. Ex.P6 is the Deed of Assignment dtd. 25.1.1998. the Name and style of Kaviraj Industries represented by one partner Ashok Kumar R. Chawla S/o Ratanchand L Chawla who was carrying on the said business under the trademark KAVIRAJ registered under Trade and Merchandise Marks Act, 1958 in class 21 in respect of Aluminium kitchenware. Ex.P7 is the telephone bill in the name of Ashok Kumar R, Kaviraj Industries. But it is not disclosed whether it is pertaining to the manufacturing of mixer grinder under the name KAVIRAJ. Ex.P8 is the telephone receipt. Ex.P9 is the Partnership Deed dtd.1.4.2002 entered between Suresh R Chawla, Smt. Shaku A Chawla for running the business under the name and style M/s. Suraj Metal Industries who is none other than plaintiff company. In Ex.P9, clause 3 discloses nature of business of the partnership firm is for manufacture of pressure cookers and or any other business as th parties may decide from time to time . Ex.P10 is the letter issued by the plaintiff showing the list of distributors across South India. Ex.P11 is the turn over for the previous 5 years of the plaintiff company. Ex.P12 is the copy of the legal notice issued to the defendant on 23.2.2017 wherein plaintiff has alleged that though plaintiff company is having registration of trademark KAVIRAJ, but the defendant without the consent or without any right, illegally using the trademark of the plaintiff amounts to infringement of the trademark of the plaintiff and requested the defendants to stop manufacturing. Ex.P13 is the reply notice issued by the defendant to the plaintiff denying the allegation of the plaintiff by taking contention that defendant is carrying on the business of manufacture and dealer in mixers, grinders, juicers, hand blenders and other allied goods, since 1999 and defendant is having his own rights has honestly, independently adopted and put to use the trademark KAVIRAJ and he has also filed an application for registration etc and hence he is prior user of the said trademark and plaintiff has passed off of the trademark of the defendant etc. Further plaintiff has produced Ex.P14 to 31 are all brochures of the trademark KAVIRAJ, KAVIRAJ FRIENDLY, Kaviraj Grinder Machine, Kavirj Mixer Grinder, Kaviraj Friendly -Grinding Machine, Kaviraj Friendly - Pressure Cooker and warranty card issued in the month of September 2016. Ex.P32 is the CD. Ex.P33 is the legal use certificate No.1084970 in class 7 belongs to the defendants. The said document discloses that firm name is M/s. Mahaveer Manufacturers ie., defendant, the date of registration is on 5.3.2002 and renewal dtd.5.3.2012 and it is valid upto 5.3.2022 and used since 21.2.2002 and the trademark is device, word mark KAVIRAJ ie., relating to the goods and description Class 7 & amp;quot; mixer grinder & amp;quot;. Ex.P34 is the legal use registration certificate No.367417 belongs to the plaintiff in the name of Ashok Ratanchand Chawla relating to the goods and description class 21 Aluminium Kitchenware registered on 10.10.1980. Ex.P35 is the trademark registration legal use certificate No.914969 in class 21 belongs to the plaintiff Suraj Metal Industries relating to the goods and description under class 21, pressure cookers and pans for device mark KAVIRAJ registered on 31.3.2000. Ex.P36 is the trademark registration certificate No.1980802 in class 7 stands in the name of Suresh R Chawla of plaintiff company registered on 16.6.2010 relating to the goods and description under class 7, Grinder, mixer, washing machine, steam product machine, cutting machine and all other machines related to home appliances which is included for device mark KAVIRAJ FRIENDLY . Ex.P37 is the trademark registration legal use certificate No.1980804 in class 11 stands in the name of Suresh R Chawla of plaintiff company registered on 16.6.2010 relating to the goods and description under class 11, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating water supply and sanitary purpose included for device mark KAVIRAJ FRIENDLY. Ex.P38 is the trademark registration legal use certificate No.1980805 in class 11 stands in the name of Suresh R Chawla of plaintiff company registered on 16.6.2010 relating to the goods and description under class 11, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes including but not limited to electric cooking utensils, induction cookers, hair dryers, air dryers, air conditioning apparatus, LPG Stoves, and refrigerators for device mark KAVIRAJ. Ex.P39 is the trademark registration legal use certificate No.1983493 in class 21stands in the name of Suresh R Chawla of plaintiff company registered on 22.6.2010 relating to the goods and description under class 21, Household or kitchen utensils and containers, flasks, articles for cleaning purposes, combs and sponges, brushes and gloves for household purposes, etc., for device mark KAVIRAJ FRIENDLY. Ex.P40 is the trademark registration legal use certificate No.1983494 in class 21 stands in the name of Suresh R Chawla of plaintiff company registered on 22.6.2010 relating to the goods and description under class 21, Household or kitchen utensils and containers, flasks, articles for cleaning purposes, combs and sponges, brushes and gloves for household purposes, etc., for device mark KAVIRAJ. Ex.P41 is the trademark registration legal use certificate No.2010042 in class 21 stands in the name of Suresh R Chawla of plaintiff company registered on 24.6.2010 relating to the goods and description under class 21, Pressure cookers and pans included for device mark KAVIRAJ(label). Ex.P42 is the trademark registration legal use certificate No.2246504 in class 17 stands in the name of plaintiff company registered on 8.12.2011 relating to the goods and description under class 17, rubber gaskets included in for device mark KAVIRAJ FRIENDLY. Ex.P43 is the trademark registration legal use certificate No.2845266 in class 7 stands in the name of plaintiff company registered on 18.11.2014 relating to the goods and description under class 7, Grinder, mixer , washing machine, steam producing machine, cutting machine, and all other machines relating to home appliances included for word mark KAVIRAJ . Ex.P44 is the trademark registration legal use certificate No.2845268 in class 17 stands in the name of plaintiff company registered on 18.11.2014 relating to the goods and description under class 17, rubber gaskets for word mark KAVIRAJ. Ex.P45 is the trademark registration legal use certificate No.2845269 in class 11 stands in the name of Shaku A Chawla of plaintiff company registered on 18.11.2014 relating to the goods and description under class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes including etc., for word mark KAVIRAJ. Ex.P46 is the trademark registration legal use certificate No.2845270 in class 9 stands in the name of Suresh R Chawla of plaintiff company registered on 18.11.2014 relating to the goods and description under class 9, Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring signaling, etc., for word mark KAVIRAJ. Ex.P47 is the trademark registration legal use certificate No.2845271 in class 21stands in the name of Suresh R Chawla of plaintiff company registered on 18.11.2014 relating to the goods and description under class 21, Household or kitchen utensils and containers, flasks, articles for cleaning purposes, combs and sponges, brushes and gloves for household purposes, etc., for word mark KAVIRAJ. Ex.P48 to 56 are the photographs and Ex.P57 is the CD.

- Registration of trademark qua certain goods falling under one class - reiterated, does not vest monopoly over the entire class of goods with the proprietor or registered mark.

Further the lordships have observed that " though there was a phonetical similarity in the words NANDHINI and Nandini the trademark with logo adopted by two parties were altogether different and in that case not only visual appearance of two marks was different, they even related to different products and that it was difficult to imagine that an average man of ordinary intelligence would associate the goods of the appellant as that of the respondent. It is also referred in the said decision that in the case of Vishnudas Trading reported in (1997) 4 SCC 201, held that the proprietor of a trade mark could not enjoy monopoly over the entire class of goods and, particularly when he was not using the said trademark in respect of certain goods falling under the same class. Also held that all the ingredients laid down in S.11(2) had not been satisfied. Therefore the order of Deputy Registrar granting registration in favour of the appellant restored, subject to the modification that registration will not be given in respect of those milk and milk products for which the appellant had abandoned its claim." Whereas in the present case on hand, also plaintiff is using the trademark KAVIRAJ FRIENDLY and KAVIRAJ relating to some other goods, falling under some other classes as discussed supra, although he is claiming the trademark KAVIRAJ relating to class 7 of Mixer Grinder, but he got registered the trademark for the said goods subsequent to the registration of the trademark by the defendant and hence, as observed by the Hon'ble Apex Court it cannot be said that the plaintiff does not vest monopoly over entire classes of goods with proprietor of registered mark, hence, in view of the observations of the Hon'ble Apex Court, and considering the admission of PW1 that defendant is the prior user of the trademark KAVIRAJ relating to the goods fallen under class 7 ie., mixer grinder and plaintiff has not produced any documents to show that he is using or manufacturing mixer grinder much prior to the defendant company, under such circumstances plaintiff cannot take shelter of case of Micro Hitech Industries Vs. Uttam Gautam Appliances. But the said decision of the Hon'ble Supreme Court cited by the defendant's counsel is aptly applicable to the case of the defendants in view of the foregoing reasons.