Trade Marks Act, 1999–Sec. 134–Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Dismissal of the application for temporary injunction–Appreciation of–Though the plaintiff claimed that he is using the trademark “VANKON” since from the year 2008, yet he did not put any substantive evidence to prove this fact–he also did not deny the contention of defendant that he is using the trademark since year 2016–Mere production of certificate of registration dated 09.10.2014 and brochure is not suffice to prove the factum of carrying the business since 2008–Delay in instituting the suit despite of knowledge–Objection in respect of registered trademark of defendant “VANTON” is pending before the Registrar–Irreparable loss is not of such type which cannot be compensated in the terms of money–Interference declined.
