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37. For ease of reference, reproduced hereinbelow is a list of few ‗8' and/or ‗8' formative marks in Classes 32 and 33. The list is illustrative and not exhaustive :
LIST OF „8‟/‟8‟ FORMATIVE MARKS IN INDIA S. No. Trade Proprietor/Date of User Status Mark/Number Application Claimed (as per online) Class Registration records of the Trade Marks Registry)
15. Pending 8AM/ V.R. Industries Proposed to 1574492/ Private Limited, be used Class 32 Gurgaon/ July 02, LIST OF „8‟/‟8‟ FORMATIVE MARKS INTERNATIONALLY S. Trade Country/Jurisdict Proprietor/Da Status No. Mark/Number/C ion te of lass Application/R egistration

The defendant has also referred the search report issued by the Trade Marks Registry as well as the Trade Marks Offices of various countries in order to indicate numerous ‗8'/‗8' formative applications/ registrations in India and internationally standing in the name of different entities.

39. The defendant has placed on record the evidence which shows that there are various other international brands which use 8/8 formative marks in relation to products falling in Classes 32 and 33 and are available internationally. Defendant has filed images of several products using 8/8 formative marks. Few examples of such brands are reproduced hereinbelow: