Trade Marks Act, 1999–Sec. 17(2)–Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Grant of temporary injunction–Plaintiff is having the registered trademark ‘Bawarchi’ and operating a restaurant in name of “Bawarchi Fast Food”–Claim of the plaintiff is based on prior user and registration of trademark–Appellant’s application for registra-tion is still pending–It is also not a case that the appellant sought the cancellation of registration of plaintiff– It also cannot be said that the plaintiff does not have the word mark registration–Plea up to effect that there is no similarity between both trade mark s, also cannot be accepted because except by the word using “V” instead of “W” in “Bawarchi”, neither there is any phonetic change nor the word changes in any manner–Plea of the appellant that the word “Bawarchi” is generic in nature, also cannot be accepted–Interference declined.
