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25. It was further submitted that Respondent No. 1 erred in holding that the Mark 'HAVELI' is generic. Respondent No. 1 failed to appreciate that Respondent No. 2 themselves have applied for 'HAVELI' as a Trade Mark and have also opposed one of the pending applications of the Appellant.

Hence, Respondent No. 2' assertion that 'HAVELI' is common to trade due to its extensive use by third party is not sustainable.

26. It was further submitted that Respondent No. 2 uses 'HAVELI' as more prominent part of their Trade Mark with large font size and prominent color, whereas 'AMRITSAR' is used in small font as mere prefix. The same clearly shows dishonesty and mala fide intent behind using the Appellant's Marks and goodwill. Hence, the assertion that the Mark 'HAVELI' is generic is untenable. The learned Counsel for the Appellant relied upon the following decisions:

49. Having considered the submissions made by the learned Counsel for the Appellant and the learned Senior Counsel for Respondent No. 2, the following issues arise for determination:

a. Whether the Appellant has exclusive right over the Mark 'HAVELI' in relation to services for providing food and drinks? b. Whether the Mark 'HAVELI' is generic and common to trade? c. Whether the Impugned Marks are deceptively similar to the Appellant's Marks causing confusion among the general public? d. Whether the Impugned Orders have been passed without adequately considering the Appellant's prior rights over the Appellant's Marks?

66. As held in Vasundhara Jewellers (supra), when a generic mark is part of the composite mark the Appellant cannot oppose registrations of the composite marks including the generic mark by claiming exclusive monopoly over the said generic mark. Further, the Appellant itself has taken inconsistent stands on phonetic / visual differences of the Mark 'HAVELI' and, therefore, is not entitled to oppose the registration of the Impugned Marks on the ground of deceptive similarity between the Appellant's Marks and the Impugned Marks