- (1.) Heard Sri Pankaj Agarwal, learned counsel for the revisionists and Sri Navin Sinha, Senior Advocate, assisted by Sri Anil Kumar Shukla, learned counsel appearing for the plaintiff respondent.
(2.) This is a revision by the defendants-revisionists against an order rejecting their application under Section 124 of the Trade Marks Act, 1999 (hereinafter referred to as the Act) for the stay of the proceedings of the suit on the ground that their application for rectification under Section 57 of the Act regarding the plaintiff's trademark is pending before the appellate Board.
(3.) The brief facts leading to the filing of the above revision are that the plaintiff respondent instituted a suit No. 2 of 2010 alleging that he is registered user of the trademark "Chacha Chaudhary". The said trademark No.1675846 was registered on 7.7.05 on an application filed in the year 2002 and as such would relate to the date of filing of the application. The defendants revisionists have started manufacturing and selling their products in the name of "Chacha Aur Chaudhary" which is identical and deceptively similar to that of their registered trademark and as such by a decree of permanent injunction, the defendants revisionists and their agents be restrained from marketing 'Namkeen' products under the name and style "Chacha Aur Chaudhary".;