MOHD. ANESUR RAHAMAN Vs. MOSARRAF HOSSAIN AND OTHERS

JUDGEMENT

(1.) This application under Order 6 Rule 17 CPC is moved for amendment in the plaint. The learned counsel for plaintiff/applicant alleges when the suit was filed, the plaintiff had applied for the registration of the trademark/label ANDAZ BIRI NO.205 LABEL/ANDAZ BIRI in relation to adverting, distribution, marketing, wholesale and retail services relating to Bidi falling in class No.35 of the IVth Schedule attached to the Trademarks Act, 1999.

(2.) However during the pendency of this suit, the ANDAZ BIRI NO.205 LABEL has been registered by the Trade Mark Registry on 04.07.2016 and the copy of the registration certificate is annexed. Since, now the registration has been effected the plaintiff intends to pursue against the defendant for infringement of the plaintiff's registered trademark/ANDAZ BIRI NO.205 LABEL in relation to the alleged impugned activity of the defendant already pleaded in the plaint. Hence, the plaintiff intends to add para No.5A in the plaint just after para No.5 and also intends to incorporate sub para (iv) to para No.28A qua the relief of infringement of the registered trademark ANDAZ BIRI NO.205 LABEL No.2144329 in class No.35.

(3.) Further, he intends to add sub para (c) to para No.22 in the heading of infringement of copyright to be amended as infringement of trademark and copyright and sub para (c) in para No.22 to be read as "Infringement of Plaintiff's trademark ANDAZ BIRI NO.205 LABEL registered under No.2144329 in class 35."