The Appellant, Bidisha Ghosal, claims to operate her business under the trade name of ’42 orchids’ and is engaged in the business of manufacturing and selling of quilled artwork. The Appellant says that she started this business under the trade name ’42 orchids’ in the year 2021. The Appellant, under the trademark “42 orchids” (hereinafter the subject trademark), has developed various types of quilled artwork. The Appellant is the founder of “42 orchids” and the chief designer there at. The Appellant manufactures and sells all her products under the said trademark. The appellant has a website under the domain name <42orchids.in> which is not yet operational, the appellant’s business as of now is primarily through social media marketing, her Instagram Page and word of mouth. The Appellant has already registered the said trademark with Udyam, Government of India, Ministry of Micro, Small and Medium Enterprises and European Union Intellectual Property Office (EUIPO). The supporting documents are marked and annexed as "C" at page 35 of the appeal. Thereafter the Appellant had applied for registration of the subject trademark "42 orchids" under the subject application no. 5093966 in Class 16 of the Trade marks Act, 199 (hereinafter referred to as the said Act). The said application is annexure “D” to this appeal at page 40 and was filed on August 18, 2021 on "proposed to be used" basis.
