Trade Marks Act, 1999–Secs. 17(2) & 29–Granting of permanent injunction–Justification –Word per-se “Neeraj” is not a separately registered trademark of the plaintiff company–At the time of registration of trademark as a ‘device’ mark by the name ‘Nirab’ the registration authority made the only objection that it is phonetically similar to word ‘Nirav’–No simlarily in label/logo between the trade mark ‘Neeraj and “Nirab’–No infringement of trademark–Further, no affidavit of any consumer was filed before the trial Court to establish that the consumer was deceived by use of word ‘Nirab’–Prima facie case, balance of convenience and irreparable loss are not in favour of plaintiff-respondent.
