FACTS
Karnataka Cooperative Society, Respondent, started using the
trademark 'NANDINI' for milk and milk products from the
year 1985. The Appellants, Nandhini Deluxe adopted the mark
'NANDHINI' in 1989 in respect of their goods. The goods of
both the parties fall under same class 29 and 30 an even though the
both the parties have been using their trademark for more than 12
years, the Respondent is the prior user. Irrespective of the goods
belonging to the same classes in a broad sense, the Appellant's
goods are different from those of the Respondent, the Appellant is
dealing with fish, meat, poultry and game, meat extracts,
preserved, dried and cooked fruits and vegetables, edible oils and
fats, salad dressings, preserves etc and the Respondent is dealing
only with milk and milk products. The registration of
Appellant's mark on milk and milk products are refused by the
Trademark registry, and the Appellant has to explicitly give an
affidavit, deleting the word "milk
