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Showing contexts for: madrid protocol in Mr.A.D.Padmasingh Isaac vs /16 on 30 June, 2023Matching Fragments
4. The 1st plaintiff also acquired International Registration (WIPO) under Madrid Protocol for the trade mark 'AACHI' (word) in Registration No.1437301 under Classes 29, 30 and 43 in 107 Designated Countries. The 1st plaintiff also acquired registration of the trade mark 'AACHI' (device mark) under Madrid Protocol. The 1st plaintiff has honestly adopted the mark 'AACHI' and has put in enormous amount of hard work and labour and invested huge sums of money for advertisement and sales promotional expenses. Because of the efforts made by the plaintiffs, in the minds of the general public, the mark 'AACHI' is associated with the plaintiffs. The 1st plaintiff is the registered owner of the trade mark AACHI/AACHI https://www.mhc.tn.gov.in/judis C.S.(Comm.Div).No.65 of 2022 CHETTINAD RESTAURANT/AACHI KITCHEN under Registration Nos.838786, 1116254 and 1715718 respectively. In March 2022, the plaintiffs came across the defendant's hotel business under the name 'AACHI MESS', which is a blatant infringement of the plaintiffs trade marks AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN. The defendant's restaurant name 'AACHI MESS' is identical to the plaintiffs registered trade marks. If the defendant is allowed to carry on business with a name which is identical to that of the 1st plaintiff's registered trade marks, the general public with average intelligence would mistake the defendant's restaurant as that of the 1st plaintiff. The use of the identical mark of the defendant diluted the plaintiffs right in the trade mark 'AACHI'. The continued use of the identical mark by the defendant would cause confusion in the minds of the general public and the same would result in irreparable loss to the plaintiffs. On these pleadings, the plaintiffs sought for the above said reliefs.
16. P16 Heavenly Foods (P) Ltd dated 11.08.2014. (Compared with original.) The Certified copy of the Plaintiffs Advertisement in RITZ
17. P17 Magazine.
The photocopy of the Registration Certificates of the mark AACHI
18. P18 in various countries around the world. (Compared with original.) The photocopy of the Madrid Protocol Registration in classes 29, 30, 43 with respect to the Trademark AACHI (Word) & (Device)