b. The respondent no. 1 admit and acknowledges that the petitioner is the registered proprietor of the trade mark “SENSOPIL” (word as well as formative mark) in respect of “Pharmaceutical And Medicinal Preparations, Medicated Oral Care Preparations Medicated Tooth Polishing Preparations & Medicated Tooth Whitening Preparations, Medicated Mouth Washes, Medicated Bleaching Preparations, Medicated Chewing Gum and Lozenges for Dental Hygiene, Medicinal and Pharmaceutical Preparation, and Ayurvedic Medicinal Preparation, Dietary food Specially adapted for Medical use or veterinary use, Tonic for Medical Purposes, Preparations for destroying vermin & Fungicides, herbicides, Tooth paste, Dentifrices, Mouthwashes and Breath Fresheners Oral Care Preparations, Dental Gels, Tooth Polishing Preparations & Tooth Whitening Preparations, Cosmetic Stain Removal Preparations in Classes-05 & 03” and as is subject matter of Trade Mark Registration Nos. 3085797, 4607981 and 4610649 since 12/08/2008, and also that the proprietary rights of petitioner no. 1 in the said Trade Mark under the common law on account of priority in adoption and use, through its licensees, and the goodwill/reputation accrued therein, vests in favour of the petitioner.
