Prior trade mark use and deceptive similarity barred use of Cleanzo, despite added wording and classification differences.

Prior registered trade mark rights and established prior use protected the plaintiff against the defendant's adoption of Cleanzo or Praveen Cleanzo on similar goods. The plaintiff's registration, renewal, advertisements, invoices and official records supported prima facie prior adoption, while the defendant's alleged earlier use was not substantiated. Similarity of the goods, trade channels and overall get-up, together with deceptively similar labelling, created a likelihood of confusion; differences in classification and the addition of the prefix Praveen did not avoid infringement or passing off where the essential features of the registered mark were taken. The interlocutory protection was therefore maintained and the defendant was restrained from using Cleanzo in any form.

---

---

Issues: Whether the defendant was entitled to use the mark Cleanzo or Praveen Cleanzo on its goods in the face of the plaintiff's prior registered trade mark and established user, and whether the interlocutory injunction deserved to be modified.

Analysis: The plaintiff showed prima facie prior adoption and use of the mark, supported by registration, renewal, advertisements, invoices and official documents. The defendant's claim of earlier user was not substantiated. The goods of both parties were held to be similar in nature, purpose and trade channels, and classification differences were found irrelevant in the context of passing off and infringement. The defendant's label and get-up were found deceptively similar, and the addition of the prefix Praveen did not remove the likelihood of confusion. Where the essential features of the registered mark are adopted, dissimilarities in surrounding matter do not cure the infringement or passing off.

Conclusion: The plaintiff was entitled to injunction, and the clarification permitting use of Praveen Cleanzo was not justified. The defendant was restrained from using the mark Cleanzo in any form whatsoever.

---