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26.The learned counsel for the plaintiff would submit that the nice classification test has to be applied in this case. It is not the class under http://www.judis.nic.in which the trade mark is granted but the allied and cognate use of the product has to be considered. No doubt, the allied and cognate test has to be applied when a case of infringement of trade mark is considered but, in this case, since the plaintiff as well as the defendant being holder of the registered trade mark for different products, the application of nice classification principle cannot be applied by the Court. When the competent authority had already being prima facie satisfied and granted registration to the parties. If at all, the plaintiff is aggrieved, he can approach the appropriate authority for rectification as per the law.