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Showing contexts for: madrid protocol in A.D.Padmasingh Issac vs Aachi Call Drivers & Travels on 29 November, 2021Matching Fragments
2. The case of the plaintiffs is with respect to the infringement of their registered trademark AACHI / and passing off the label marks. The trade mark AACHI was assigned in favour of the 1st plaintiff by one registered proprietary concern called the Aachi Masala Foods (P) Ltd., 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 30 and 39 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 become widely famous among the trading community and the public. It is further claimed by the plaintiffs that they have been using these marks AACHI with respect to almost all the masala preparations from the commencement of their business. The plaintiffs state that from the year 2016, they introduced new label marks across their product segments and all their marks got registered in class 30, being unopposed. https://www.mhc.tn.gov.in/judis C.S(Comm.Div).No.186 of 2020
10. Further, the 1st plaintiff possesses the international registration (WIPO) under the Madrid protocol for the trade mark AACHI word under clauses 29, 30 and 43 in 107 countries the same is clear from the document marked as exhibit P18. The 1st plaintiff also possesses the international registration (WIPO) under the Madrid protocol, for the trade mark AACHI device under the same Clauses in 117 countries and the same is clear from the document marked as exhibits P-17 and P-18.
18. Ex.P-18 The Photocopy of the Madrid Protocol Registration in classes 29, 30 43 with respect to the Trademark AACHI designating 107 countries valid and subsisting as on date. (Original is produced, compared and it is undertaken by the plaintiff that it can be produced as and when required.)