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3. The Appellant-M/s Modicare Limited is involved in direct selling business in India since 1996 and has more than 50 lakhs active consultants catering to over 2700 cities across the world. For the said direct selling business, it adopted the following device mark in the year 2015:

4. The mark 'ACHIEVERS ACADEMY' was coined in respect of events/programs done for honouring its high achieving consultants in order to boost their confidence. The said step was taken as a human resource measure to recongnise the achivements of the consultants in fulfilling various targets.

6. Ms. Rajeshwari, ld. counsel, appearing for the Appellants submits that most of the cited marks are not in use. Furthermore, the Appellant has been using the mark 'ACHIEVERS ACADEMY' with the house mark of the Appellant being 'MODICARE'. She also submits that the mark 'ACHIEVERS ACADEMY' has been used extensively by the Appellant since the year 2015 and has also acquired distinctiveness. She submits that the rejection of the mark 'ACHIEVERS ACADEMY' would cause grave injustice to the Appellant which has invested in the mark.

9. In any event, the Appellant itself has used the mark 'ACHIEVERS ACADEMY' along with the house mark 'MODICARE'. Turnover of the Appellant by the usage in its direct selling business is also quite high.

10. After taking an overall view of the matter, this Court is of the opinion that the applications filed by the Appellant be proceed for advertisement, subject to the following conditions:

(1) In each of the applications, the house mark 'MODICARE' shall be added by filing a specific Form by the Appellant as a prefix to the mark 'ACHIEVERS ACADEMY'. (2) All three applications shall be associated with the registered trademarks bearing no. 3306592, 3306594, and 3306597 of the Appellant in classes 35 and 45. (3) The description of the goods in all the applications shall be confined to direct selling business in the following manner.