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11. Reliance is placed on the decision of the Apex Court in the case of Patel Field Marshal Agencies vs. P.M.Diesels Limited & Anr. [(2018) 2 SCC 112] to submit that the trial court was required to examine whether "the plea of the defendant is " prima facie tenable", which means that the merits of the claim of the invalidity of the registration could not be looked into.

12. The defendants have come out with the claim that the plaintiff has never been in the business of "Clouds Computing" registered in Class-9, which is sought to be covered by the use of words "Computer Software"

in the plaintiff's registration dated 8 th June, 1998. It was the case of the defendants that the plaintiff's registration covering "Computer Software"

NEUTRAL CITATION C/SCA/5927/2024 CAV JUDGMENT DATED: 22/07/2024 undefined may not extend to 'Cloud Computing' related offerings and ought to be registered only to the particular kind of Computer Software in respect of which the plaintiff's mark was actually used / "proposed to be used"