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17. The learned Counsel for the respondent contended that the word "SPASMO" is an ordinary dictionary word in which no one has any right. The word "SPASM" as per the Grolier International Dictionary-Vol. II, means "A sudden, involuntary contraction of a muscle or group of muscles". The word "FLEX" as per the Concise Oxford Dictionary of Current English, Eighth Edition,, means "bend (a joint, limb etc.) or be bent, move (a muscle) or (of a muscle) be moved to bend a joint". In substance, both relates to muscular pain or a joint pain. It is proper to name a product on an organ or ailment or two or three ingredients combined together or otherwise the words is nonsensical. If the argument of the respondent is accepted, it boils to that no word of general import can be used as a trade mark. After seven years, a presumption arises regarding the validity. As per Stedman's Medical Dictionary, 24th Edition, SPASM (spasm) (G. Spasmos SPA) Spasmus. 1. An involuntary muscular contraction; if painful, usually referred to as a cramp; if violent, a convulsion. 2. Muscle s.; increased muscular tension and shortness which cannot be released voluntarily and which prevent lengthening of the muslces involved; s. is due to pain stimuli to the lower motor neuron. In the Concise Oxford Dictionary of Current English, 8th Edition, Spasm means 1. a sudden involuntary muscular contraction. 2. a sudden convulsive movement or emotion etc. (a spasm of coughing). 3. (usu. foll, by of) colloq. a brief spell of an activity. (ME f. OF spasm or L. Spasmus f. GK. Spasmos, spasma). Spasm has different shades of meaning in the Chambers 20th Century Dictionary: Spasmo, spasma, spasmos, k spasmodes are adjectives, meaning convulsion. In the Webster's Third New International Dictionary, spasmo is an involuntary abnormal contraction of muscle or muscle fibers or of a hollow organ. Spasmodism, Spasmodist, Spasmogenic, Spasmolsis, Spasmoltic, Spasmophilia, Spasmophilic, relate to spasmodic emotion, inducing spasm, relaxation of muscle spasm, contraction of filament etc. "Flex" is also, according to Webster's Third New International Dictionary, to move muscle so as to cause flexion of a joint, to bend so as to form a fold or clasp, an act or instance of flexing. In Chambers 20th Century Dictionary, the meaning of "flex is to bend. The action of a flexor muscle. Flexion - a bend; a foldl the action of a flexor muscle. The Concise oxford Dictionary of Current English, 8th Edition: "Flex" means a joint; limb etc. move (a muscle) or (of a muscle) be moved to bend a joint. Flexion - the act of bending or the condition of being bent esp. of a limb or joint. According to The Grolier International Dictionary, Vol.1, "Flexion" means, the act of bending, the condition of being bent (variant of flection). "SPASMO PROXYVON" contains Dicyclomine hcl. and dextropropoxyphene. "FLEXON" contains Ibuprofen and Paracetamol. Though basically, FLEXONH is a medicine to treat a muscle contraction, that acts to flex a joint, aiding spasmo. According to Dr. S.M. Bandukwala, "SPASMO FLEXON" contains Dicyclomine Hydrocholoride and Paracetamol, whereas, "SPASMO PROXYVON" contains Dicyclomine Hyderochloride, Paracetamol and Dextropropoxyphene. As evident, "SPASMO PROXYVON" contains an additional ingredient named Dextropropoxyphene. Dextropropoxyphene is a very powerful centrally acting pain killer. It is reserved for managing severe painful conditions only. It is also important to note that "SPASMO PROXYVON" is advocated for shorter periods only to avoid risk of dependence and other unpleasant side effects." The products are basically the same and are used for the same basic ailment. The only difference is the efficacy of the appellant's product requiring more judicious use as compared to the respondent's product where an overdose may not have same consequences.