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24. The appellant has ostensibly made no misrepresentation, it uses the Americana mark along with its well-known brand name in a completely different packaging for a completely different product. The brand name itself is a distinguishing feature and identifies the origin of the product from the hose of PARLE. The Respondent has failed to establish misrepresentation made by the appellant or the likelihood of confusion between the two products. The mere use of trade mark for 20 months in respect of OREGANO BURGER does not establish goodwill/reputation in „biscuits‟. The evidence produced by the respondent does not prove a reputation with the trade mark that the public generally associate the same with it. Mere prior use for 20 months that too in burger buns is not substantial to establish goodwill/ reputation required to make a strong prima facie case against use of the impugned mark for biscuits. The appellant relies upon the dicta of Supreme Court in Mahendra & Mahendra Paper Mills Ltd. v. Mahindra & Mahindra Ltd., (2002) 2 SCC 147, which held as under: