THERMAX LIMITED Vs. THERMAX ENGINEERS PVT LTD

JUDGEMENT

(1.) The Plaintiff - Thermax Limited has filed the present suit seeking permanent injunction restraining infringement of trade mark and trade name, passing off, etc. in respect of its trade name 'THERMAX'. The case of the Plaintiff is that it had coined and adopted the mark 'THERMAX' in 1974 and the same is being used as a trademark, house mark and is also a distinctive and prominent mark of its corporate name. The changes in the constitution of the company - Thermax Ltd, from Thermax India Pvt. Ltd leading up to it becoming a listed company on 9th January, 1995, has been explained in paragraph 4 of the plaint.

(2.) The mark 'THERMAX' is also a registered trademark in India as detailed in paragraph 5 of the plaint in various classes of goods and services. The mark is also registered in several foreign countries such as Bahrain, China, CTM, Egypt, Hong Kong, Indonesia, Israel, Japan, Malaysia, Nepal, Pakistan, Philippines, Qatar, Saudi Arabia, Singapore, Thailand, Turkey, UAR, Vietnam, etc. The details of the said registrations have also been enumerated in paragraph 6 of the plaint.

(3.) The Plaintiff company has promoted its business through its website www.thermaxindia.com. It has several international offices across 75 countries and the sales turnover of the Plaintiff is more than Rs.4,000 crores per annum.