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1. This is an action for infringement of trade mark and passing-off. The interim application seeks to restrain the Defendants from using the impugned mark (s) "ASTRO DUNIYA" and/or any trade name/mark comprising "Astro Dunia" or deceptively similar thereto.

2. The Plaintiff is an individual trading as sole proprietary concern in the name and style of M/s. Astro Dunia providing astrological and spiritual services since the year 2005 including inter alia consultancy and advisory services based on astrological principles under the mark "AstroDunia" . It is stated that the mark is coined and arbitrary mark Sairaj 1 of 45 astro finalised (2).doc combining "Astro" taken from English language and "Dunia" taken from Hindi language. It is stated that the Plaintiff's mark include the words Astro Dunia and also the label and device mark "Astro Dunia"

4. It is submitted that the Plaintiff's "Astro Dunia" mark is registered in class 45 with user claim of August, 2005 and the objection raised under Section 9(1)(b) of the Trade Marks Act, 1999 [for short, "the T.M. Act"] was replied by the Plaintiff asserting that the mark is an arbitrary mark and distinctive combination of words from English and Hindi language in addition to logo of star and none of three components i.e Astro, Dunia, device of star are sought to be individually monopolised. On 6th March, 2023, the registration was allowed with disclaimer that the registration of the trade mark shall give no right to the exclusive use of all descriptive matters and that labels shall be used together. The Plaintiff has applied separately for copyright registration in respect of the artistic work being the device/label mark of the Plaintiff's "Astro Dunia" mark. The Plaintiff has also applied on 30th July, 2024 for registration of the Plaintiff's mark "Astro Dunia" as word mark, which is pending. 

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                                                           astro finalised (2).doc
complete and accurate description. The meaning which should be given is the expression and significance which has been conveyed in the public. Whether the words or marks claimed as trade marks are descriptive, or whether they are suggestive, arbitrary, fanciful must be tested with respect to the articles which they are applied and the mark must be considered as a whole."

42. Applying the said principles to the Plaintiff's registered label mark, the words "Astro Dunia" with the device of star above the words is purely descriptive of the services offered to the public i.e. astrology. Even assuming arguendo that it is a coined word, the mark is not arbitrary and unconnected to the services offered by the Plaintiff. The Plaintiff's invoices itself uses the mark "ASTRO DUNIA" followed by the words "Your World of Astrology" which indicates the descriptive nature of the trade mark. In the Affidavit in reply, the Defendant has placed on record screen shots of various websites using the words Astro World and Astro ki duniya, which shows prima facie the common use of term. There cannot be any two views that the use of the words astrology or its clipped version combined with the word depicting the word "world" either in english or hindi would be used commonly for describing astrology services in India such as World of Astro, Astrology ki Duniya, Astro World, Astro Dunia etc. The fact that the invoices of the year 2005-2006 which are placed on record makes a reference to the words "Astro Dunia" and describes it as a world of astrology is a clear indicator that the same was used in a descriptive sense. Prima Sairaj 28 of 45 astro finalised (2).doc facie I do not find that the Plaintiff's mark "Astro Dunia" to be anything but descriptive.