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2. The case of the plaintiffs is with respect to the infringement of their registered trade mark AACHI and AACHI CHETTINAD RESTAURANT. The trade mark AACHI was assigned in favour of the 1st plaintiff by one registered proprietary concern called the Aachi Masala Foods (P) Limited on 30.03.2007. The plaintiffs state that, in the year 1999, the trade mark AACHI was first applied for and registered in the name of the 1st plaintiff trading as Naveen products. The plaintiffs also state that there are currently 178 registrations of the trade mark AACHI in various words, labels and stylized marks and the 1st plaintiff also acquired international registration (WIPO) under the Madrid protocol for the trade mark AACHI word and device under classes 29, 30 and 43 in 107 and 117 designated countries respectively. It is claimed by the plaintiffs that the label marks as a whole have been in use since 1995 and that they have https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) 172 of 2021 become widely famous among the trading community and the public.

9. On carefully going through Exhibit P1 (Legal use certificate of Trade mark No. 838786), it can be seen that the plaintiffs are the registered trade mark owner of the word mark AACHI. It can be seen that the word mark has a distinct identity https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) 172 of 2021 and has been in usage since 1995. It can also be seen that the mark AACHI has become a well-known mark for masala and food products. From going though Exhibit P2 (Legal use certificate of Trade mark No. 1116254), it is distinct that the 1st plaintiff is the owner of the trade mark AACHI CHETTINAD RESTAURANT and from Exhibits P4 and P5 (Legal use certificate of Trade mark Nos. 1715718 and 2965624 respectively) it is clear that the 1st plaintiff is the owner of the registered trade mark AACHI KITCHEN and the label . From perusing Exhibit P3 (Legal use certificate of Trade mark No. 1479159), it is evident that the 1st plaintiff has also obtained registration for the mark AACHI in Tamil. A perusal of Exhibits P21, P23 and P24, reveal that the 3rd plaintiff is the licensee and has been using the trade mark AACHI KITCHEN/ since the year 2014. Further, the 1st plaintiff possesses international registration (WIPO) under the Madrid protocol for the trade mark AACHI word under classes 29, 30 and https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) 172 of 2021 43 in 107 countries and the same is clear from the documents marked as Exhibits P19 and P20.

P20. Madrid protocol Registration in classes 29, 30, 43 with respect to the Trademark AACHI (word) & (device) designating 107 and 117 countries and subsisting as on date.

P21. Aachi kitchen's name board (under Section 65B of the Evidence Act, 1872) P22. Aachi kitchen's menu card P23. Printout of the Certificate of incorporation of https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) 172 of 2021 Sl. Particulars Nos.