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7. The allegations against the defendant are that the defendant was engaged in the business of marketing rice under the trade mark GANGA and suddenly, it adopted the trademark SONA which is identical to the plaintiff No.1's registered trademark SONA. The plaintiff has opposed the defendant's application for registration of the mark SULSON SONA under No.1951222 dated 16.04.2010 which was published in journal 1460 dated 29.11.2010, made available to the public on 29.11.2010, under opposition No.777099 dated 19.01.2011. It is stated in the plaint that by the use of the trademark SONA or SULSON SONA by the defendant, it is guilty of infringement of trademark as well as passing of its goods as that of the plaintiff. therefore, the suit was filed before this Court which was listed first time before the Court on 13.05.2011 and the Court passed the interim orders restraining the defendant, their directors, distributor and dealers from processing, selling, exporting, marketing, advertising, offering for sale, rice or any other cereals under the trademark SONA or any other trademark which is deceptively similar with the plaintiff's trademark. The said interim order was continued from time to time till the hearing of the injunction application.

8. The defendant has filed the written statement and raised the following defences:-

(a) That the defendant is using the trademark SULSON SONA in respect of rice. The plaintiff is using the trademark SONA and the two trademarks of the parties are not deceptively similar, hence no infringement and passing off.

(b) That the suit of the plaintiff is barred by limitation, as the defendant has filed the application for registration on 20.03.2007 bearing the mark SULSON SONA.

9. Both the parties have referred their respective documents. From the facts and circumstances, it has to be examined as to whether two marks used by the plaintiff SONA and SULSON SONA by the defendant are deceptively similar or not.

10. The expression "deceptively similar" has been defined in Section 2(h) of the Trade Marks Act, 1999, as follows:-

"A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles the other mark as to be likely to deceive or cause confusion."

"29. Infringement of registered trade marks - "Infringement of registered trade marks.-

(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark.