Document Fragment View

Matching Fragments

(a) granting a permanent injunction, restraining the defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the plaintiff's registered Trade Mark TEXMO/TEXMO DELUXE as such or prefix or suffix in any Hand Pumps or in any other goods manufactured and sold by the defendant or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the plaintiffs' registered Trade Mark TEXMO/TEXMO or in any manner infringing the plaintiffs registered Trade Mark Nos. 315049 [SP-I], [SP-II] & 315050 [SP-I], [SP-II] renumbered as 2702778, 2702779, 2702780 and 2702781 respectively;
(b) granting a permanent injunction, restraining the defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark TEXMO/TEXMO DELUXE as such or with prefix or suffix in any Hand Pumps or in any other goods manufactured and sold by the defendant and its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the plaintiffs' registered Trade Mark TEXMO/TEXMO or in any manner pass off the plaintiffs' goods.
3. The Defendant undertakes to withdraw the Trade Mark Application No. 3311056 dated 15.07.2016 in Class 8 for registration of the Trademark TEXMO DELUXE in respect of manufacturing Hand Pumps advertised in the Trademark Journal No. 1818-0 dt. 09.10.2017 pending on the file of the Registrar of Trademarks, Chennai. The defendant also undertake hereby not to assert any right in respect of the expression TEXMO DELUXE/ TEXMO by filing Trademark Applications or using the same or similar sounding expression or its logo for any goods in future. The defendant also undertake to withdraw any Application in respect of TEXMO DELUXE or any other similar sounding marks that have already been filed that is not within the knowledge of the plaintiffs.
4. The defendant shall not make any application for registration of the Trademark TEXMO/TEXMO DELUXE as such or with prefix or suffix in any goods manufactured and sold by the defendant in future.
5. The defendant undertakes not to oppose or initiate any Rectification proceedings against the plaintiffs' Trademark Applications or their Registered Trademarks."

4. The suit has therefore decreed with respect to the reliefs of 'a' & 'b', namely,

(a) granting permanent injunction, restraining the defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the plaintiff's registered Trade Mark TEXMO/TEXMO DELUXE as such or prefix or suffix in any Hand Pumps or in any other goods manufactured and sold by the defendant or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the plaintiffs' registered Trade Mark TEXMO/TEXMO or in any manner infringing the plaintiffs registered Trade Mark Nos. 315049 [SP-I], [SP-II] & 315050 [SP-I], [SP-II] renumbered as 2702778, 2702779, 2702780 and 2702781 respectively; and