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8. The defendant also stated that in January 1993 there was no other entity using the said mark. The defendant therefore claimed that the mark “Gold Winner” has become distinctive and identifiable only with the https://www.mhc.tn.gov.in/judis/ defendant. It is an arbitrary mark coined and promoted by the defendant. The defendant claimed to be the exclusive proprietor of the mark “Gold Winner”. It was also claimed that the mark is exclusively associated only with the defendant. The mark had been registered in class 29 in Trademark Registration No. 605323 dated 27.08.1993. The defendant is also the registered proprietor of the Trademark “Gold Winner”, “Shree Gold” under Trademark Registration dated 16.11.2005 in Nos. 1399085, 1399087 and 1399088 in class 30.