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Union of India - Section

Section 27 in The Trade And Merchandise Marks Act, 1958

27. No action for infringement of unregistered trade mark.

(1)No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.
(2)Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof.